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(영문) 수원지방법원 안양지원 2019.09.05 2019고단1199
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

No one shall lend a means of access used in electronic financial transactions while promising the receipt of consideration.

Nevertheless, on March 21, 2019, the Defendant received a proposal from a person who was not entitled to receive a credit card and sent a credit card to repay interest on a monthly loan. On March 21, 2019, the Defendant sent the cash card and password connected to the B account (Account Number: C) in the name of the Defendant to the person who was not entitled to receive a credit card.

Accordingly, the Defendant promised the acceptance of compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Requests for the provision of financial transaction information;

1. Application of Acts and subordinate statutes on account transactions;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the choice of imprisonment;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the following favorable circumstances): The instant crime is a crime detrimental to the security and trust of financial transactions.

The card lent by the defendant was actually used for fraud crime.

The favorable circumstances are against the defendant's wrong recognition.

The instant case did not obtain monetary benefits.

It is an initial crime with no criminal power.

The punishment shall be determined in consideration of the following circumstances, such as the defendant's age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, and circumstances after the crime.

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