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(영문) 수원지방법원 2018.04.05 2017고단6088
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor 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

Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium while demanding, demanding or promising the consideration in using or managing the access medium.

Nevertheless, around April 16, 2017, the Defendant promised to receive 3 to 5% of the amount deposited in the account using the account for tax reduction from a person who misrepresented the head of the trade company team in the name in the vicinity of the knowledge and information short-term area in Yeonsu-gu Incheon Metropolitan City, as a commission, in order to deliver one copy of each of the postal account (Account Number B) and the industrial bank account (Account Number: C) in the name of the Defendant, and lent a accessible medium by promising to receive the price by notifying the password, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on transaction details, financial transaction information (A), Stockholm dialogue content, and transaction details in post office accounts;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Selection of imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

1. The act of lending an electronic financial transaction access medium on the grounds of sentencing under Article 62(1) of the Criminal Act (i.e., taking into account the circumstances favorable to the defendant among the reasons for sentencing) is not only an act of undermining the trust in electronic financial transactions, but also an act of undermining multiple victims by using the leased access medium in a criminal act such as telephone finance fraud, etc.

The defendant's leased access media has actually been abused in criminal acts and has caused damage.

The Defendant re-offending even during the period of probation.

However, the defendant recognized a mistake and reflects it, there is no benefit acquired by the crime, and there is no previous conviction in the same kind.

Considering these circumstances, the sentencing prescribed in Article 51 of the Criminal Code.

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