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(영문) 수원지방법원 2016.08.18 2016고단3480
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall transfer or take over any access medium, or lend or take over any access medium in return for promising to receive any consideration.

Nevertheless, on March 2016, the Defendant lent a medium of access to the account by receiving a telephone from the person without his/her name from the deceased and lent it to acquire the cash of KRW 60 to two million per month. On March 2016, the Defendant sent Kwikseter’s name to Kwikseter’s article, who sent it from the apartment parking lot B at the time in the name of the Defendant, and sent the password to the company bank account (C) opened in the name of the Defendant, and notified the password to the phone.

As a result, the Defendant promised to pay for the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements and the application of Acts and subordinate statutes governing receipts;

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

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. The defendant's act of sentencing the reason of sentencing Article 62-2 of the Social Service Order Criminal Act is the beginning of the singing which has recently become a social problem and its harm is serious.

In addition, the actual damage occurred.

On the other hand, it is recognized that the fact of crime is recognized and the mistake is divided.

In full view of the aforementioned circumstances and the Defendant’s age, sex behavior, environment, family relationship, health status, motive and consequence of the crime, and the circumstances constituting the conditions for sentencing as shown in the instant pleadings, a suspended sentence of imprisonment with prison labor shall be imposed on the Defendant, and community service shall be added.

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