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(영문) 광주지방법원 2018.05.24 2018고단581

전자금융거래법위반

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall borrow or lend any access medium, or store, deliver or distribute any access medium in receiving, demanding or promising any consideration in using or managing access medium used for electronic financial transactions.

However, on November 29, 2017, the Defendant heard the horses that “I will send a e-mail card to you send the e-mail card, and will give KRW 700,000 per day of the card,” and sent the e-mail card in the e-mail account (B) in the name of the Defendant to the e-mail article.

Accordingly, the defendant promised to receive compensation, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of a search and seizure inspection warrant (including an inquiry of details of transactions attached thereto, a copy of identification card, and a copy of an application for bank transactions) (including an application of the relevant statutes);

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act concerning the selection of punishment, the selection of imprisonment;

1. The instant crime, which lends to another person the access media of financial institutions with the reason of sentencing under Article 62(1) of the Act on the Suspension of Execution, may be abused as a means of other crimes, such as so-called Bosing, etc., and, in fact, taking into account the unfavorable circumstances such as the fact that the Defendant committed fraud using the access media and the occurrence of the victim, it is necessary to choose imprisonment with prison labor as a punishment corresponding to the Defendant’s act even if considering the following favorable

However, a suspended sentence shall be imposed in consideration of favorable circumstances, such as there is no benefit acquired by the Defendant from the instant crime, there is no history of punishment before the instant crime, and the fact that the Defendant appears to have caused economic difficulties to the instant crime.

The age, gender, and any other person of the defendant.