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(영문) 광주지방법원 2019.11.26 2019고단4175
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 borrow or lend a means of access necessary for electronic financial transactions while receiving, demanding or promising the payment.

On December 17, 2018, the Defendant, in accordance with the proposal of the name unclaimed box, sent 15% of the user fee per page of the account at the post office of the Butter village located in Seo-gu, Seo-gu, Gwangju, Gwangju, to pay the 15% of the user fee per week by leasing the e-mail card to the e-mail card under the name of the Defendant, and the e-mail card and password connected to the e-mail account under the name of the Defendant, and the e-mail card and password connected to the e-mail account (E), respectively.

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

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of the detailed statement of transactions of automation machinery Acts and subordinate statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The act of lending the means of access to the grounds for sentencing under Article 62(1) of the Criminal Act requires strict punishment since it can be used as a means of other crimes; the means of access to this case leased by the defendant is also used as a means of fraud; unfavorable circumstances such as the confession of the defendant to commit the crime; the defendant is the primary offender; the defendant was unable to obtain benefits from the crime of this case; and the defendant was unable to obtain benefits from the crime of this case; and the conditions of sentencing under Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive for the crime, and circumstances after the crime, shall be determined by taking into account the following factors.

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