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(영문) 광주지방법원 장흥지원 2017.10.26 2017고단127
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for a period of two months.

Reasons

Punishment of the crime

[criminal history] On October 7, 2016, the Defendant was sentenced to two years of imprisonment for rape, etc. by the Gwangju District Court, and the judgment was finalized on February 17, 2017.

[Criminal facts] No person shall lend, store, deliver or distribute to another person any medium access to electronic financial transactions knowing that such medium is used for a crime.

Nevertheless, on May 2016, the Defendant used high-speed bus freight services to lend the access media to a nameless passenger with knowledge that it will be used for crimes, such as passbook, e-mail card, and OTP card connected to the new bank account (C) in the name of the Defendant in the middle of Gwangju, Seo-gu, Gwangju, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E’s written petition;

1. Response data (financial information, etc.);

1. Previous convictions: Inquiry about criminal history, inquiry about summary information of case, and application of the statutes governing the judgment;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 3 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. The latter part of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first head of the judgment on the grounds of sentencing under Article 39(1) shall be determined as per Disposition by comprehensively taking into account the factors of sentencing under the equality in the case of being tried along with the judgment on the grounds of sentencing, and all the conditions of sentencing recorded in the arguments and records, including the Defendant’s age, sex, environment, circumstances before and after the instant crime, and the background of the instant crime.

The factors of favorable sentencing: The factors of sentencing that the defendant acknowledges his mistake and reflects the defendant: the leased access media is used for the crime, such as Bosing, so there is a high need for punishment, and the defendant's access media appears to have been used for the crime in this case.

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