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(영문) 광주지방법원 2018.08.23 2018고단2705
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

The Defendant promised to receive KRW 3 million from the person in the name of his own account in return for the lending of a physical card connected to his own account from the person in the name of his own account. On March 19, 2018, the Defendant sent one physical card connected to the national bank account (C) of his name to the defendant in front of the 3-dong community center of Sungnam-si, Sungnam-si, Seoul, about 349.3.19.

As a result, the defendant promised to pay the price to the third party and used the access media for electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. Reporting of internal investigation (Submission of a certificate of confirmation of deposit of a victim);

1. Details of transactions of deposits and withdrawals;

1. Application of Acts and subordinate statutes to photographs of account transfer details;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act, the selection of imprisonment with prison labor;

1. The instant crime, which lends to another person the access media of financial institutions with the reason of sentencing under Article 62(1) of the Act on the Suspension of Execution, may be abused as a means of other crime, such as so-called singing, etc., and in fact, considering the unfavorable circumstances, such as the fact that the Defendant committed fraud using the access media and the occurrence of the victim, it is necessary to choose imprisonment with prison labor as a punishment corresponding to the Defendant’

However, a suspended sentence shall be imposed in consideration of the favorable circumstances, such as the fact that the defendant has no record of punishment exceeding the fine prior to the crime of this case, and the fact that his mistake is recognized and reflected.

In addition, the defendant's age, sex, environment, motive, means and result of the crime, circumstances after the crime, etc. shall be determined as per the order.

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