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(영문) 광주지방법원 2018.09.04 2018고단2890

전자금융거래법위반

Text

A defendant shall be punished by imprisonment 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 lend any access medium used in electronic financial transactions in return for consideration.

Nevertheless, at around May 15, 2018, the Defendant promised to receive KRW 1 million in return for lending an account to be used for the reduction of and exemption from taxes of a trade company to a certain amount of money in return for two days in return for lending the account in return for the use of his/her name in the name and in return for the above name and in return for sending one cash card connected to the credit cooperative account under the name of the Defendant to the above name and notified the password of the above account.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A detailed statement of transactions with the new cooperation;

1. Application of this statute to output text messages;

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, the selection of imprisonment with prison labor;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered in light of the following circumstances: (a) the Defendant’s age, sexual conduct, environment, family relationship, motive and consequence of the crime; and (b) the circumstances constituting the conditions for sentencing as specified in the instant pleadings.

The favorable circumstances: The error is divided in depth.

No benefit acquired by a crime is confirmed (the defendant was not found to have received the benefit).

D. In the economic difficulty, the circumstances leading to the crime are peeped even though the judgment is too difficult.

It is the first crime.

Unfavorable circumstances: The Defendant’s access media was used for the loan ice fraud crime (the damage amount is KRW 6.97 million). The so-called large passbook is essential for various types of crimes, such as the loan phishing fraud, and the use of such large passbook is widely known to the general public. Therefore, it is necessary to strictly punish the supplier and prevent various crimes.