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(영문) 창원지방법원 2018.06.07 2018고단961
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor 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

Except as otherwise expressly provided for in any other Act, no one shall borrow or lend any access medium used to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction to any third person while receiving, demanding or promising to do so.

Nevertheless, the Defendant, at around 22:00 on October 23, 2017, using the name "B" on the front of 10,107 Dong-dong (YB) in the window flick-si, Changwon-si on the front of 50,107 Dong-dong, Seoul Special Metropolitan City on October 23, 2017, will change the existing loans to the low interest rate of 4.7% per annum.

In order to verify whether the withdrawal of KRW 6 million per day is possible, a cream card is necessary.

“I hear the horses to the purport, inform the password of the physical card connected to the National Bank Account (C) in the name of the Defendant, and 1 above ckwikset Card included in the postal envelope and put it to the Kwikset Service Articles whose name cannot be known.

Accordingly, the Defendant lent to others access media by receiving and promising the price in the above manner.

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 to deposit money;

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. The act of lending a medium of access to the reasons for sentencing under Article 62(1) of the Criminal Act, which facilitates various crimes, such as tax evasion, Internet gambling, and Bosing, is highly harmful to the society.

The defendant seems to have an attitude to reflect his mistake by recognizing his mistake.

There are circumstances that may be taken into account the circumstances leading to the Defendant’s instant crime.

Defendant has no record of punishment, except for a fine imposed once in 1989.

In addition, the defendant's age, sex, environment, number of access media leased, circumstances after the crime, etc. shall be discussed.

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