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(영문) 수원지방법원 2018.08.10 2018고단2831
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall lend any access medium while receiving, demanding or promising to receive compensation in using and managing the access medium.

Nevertheless, around December 26, 2017, the Defendant received a proposal stating that “The Defendant would pay KRW 3 million,000,000,000,000 to the user fee for the month between one month and one month if he/she lends the passbook to the head of Tong-gu, Suwon-si.” In addition, the Defendant provided Kwikset Service with one physical card, which is an access media to the CD account under the name of the Defendant, to the name-oriented person and notified the account number and password.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. A written statement prepared by the defendant;

1. Application of Acts and subordinate statutes to receipts, replys to requests for provision of financial transaction information;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing Article 62-2 of the Criminal Act of the community service order is as follows: (a) the access media that enters the hand of the defrauded by committing the crime in this case has been used for the crime such as singing, singing, etc., and a large number

In 2010, the Defendant committed a second offense, even though he was punished by a fine due to the fact that the Defendant transferred each access medium connected to three financial accounts to the needy.

In this context, the sentencing conditions, such as the defendant's age, sexual conduct, motive and means of the crime and the result, shall be determined by taking into account the following factors: (a) the defendant confessions and reflects the crime; and (b) the actual damage suffered by the singing victim is one million won or more; and (c) the punishment shall be determined as per the order.

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