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(영문) 전주지방법원 2017.09.07 2017고단1329
전자금융거래법위반
Text

A defendant shall be punished by imprisonment 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

No person shall borrow or lend an access medium while receiving, demanding or promising to receive, demand or promise any consideration in using or managing the access medium.

On May 29, 2017, the Defendant would give KRW 3 million per month if he/she lends a passbook to his/her name from a person in front of a new apartment that is in his/her arms-dong in Dongdaemun-gu Seoul Metropolitan Government on May 29, 2017.

“” He listens to horses and lends each cash card, each of which is an access medium connected to two financial accounts in one’s name (CFFFC) to Kwikset Service, and lends the access medium to Kwikset Service.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each statute on financial transaction details;

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

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

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Article 62(1) of the Criminal Act ( considered as favorable circumstances among the reasons for sentencing as follows) include the fact that the defendant acknowledged the crime of this case, the first offender, and the defendant committed the crime of this case according to the statement of a person who was not killed in name to repay his school expenses or other debts, and there are some motives or developments to be considered in relation to the crime of this case in favor of the defendant.

However, “Access media” such as cash cards is widely used as a means of various crimes, such as systematic gambling and tax-related crimes such as the issuance of false tax invoices through a bombing company, which encourage serious gambling, such as Bosing fraud, and Internet gambling. Such criminal offenders generally acquire the so-called “componed passbook” that is acquired by such means as a substitute, and also commit a crime in the form of dividing one’s own roles by setting up a human organization, which is a mobile phone called another person’s name, while transferring the access media under one’s own name.

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