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(영문) 수원지방법원 안양지원 2019.09.18 2019고단1301
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 person shall lend a means of access while receiving, demanding or promising compensation.

Nevertheless, the Defendant: (a) received a proposal from a person who misrepresented another trade business operator, stating that “I will lend the physical card to three days; (b) will return it to Kwikset Service three days; and (c) on March 21, 2019, the Defendant sent one physical card connected to the bank account in the name of the Defendant on the first floor of the Gyeonggi-si B building in Gyeonggi-si, Gyeonggi-si, and on March 13:40, 2019, sent one copy of Kwikset Service.

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

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Certificates of deposit transactions;

1. Application of the Acts and subordinate statutes on cell phone closure photographs;

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. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to three years;

2. Determination of sentence: (a) comprehensively taking account of the following circumstances and the Defendant’s age, character and conduct, growth process, environment, motive, means and consequence of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the crime;

The crime of this case is committed by the Defendant’s lending the check card to a person with no name, and the so-called doorbook, which is distributed therefrom, is the starting point of a crime that is planned and organized, such as Bosing and illegal gambling, and is highly likely to cause mass damage. Therefore, it is inevitable to punish the Defendant even in order to eradicate it.

In fact, the means of access leased by the defendant was used for the crime of Bophishing, and the damage was not recovered properly.

The favorable circumstances: The defendant seems to have the attitude of recognizing and opposing the wrongness.

The crime of this case is committed.

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