(영문) 광주지방법원 2018.03.22 2017고단5481

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줄 간격

자간(%)

(영문) 광주지방법원 2018.03.22 2017고단5481

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 a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall demand and lend the price for access media by financial institutions while promising to take and promise such media.

However, on August 16, 2017, at C convenience stores located in Gwangju-gu, Nam-gu, Gwangju-gu, about 15:00, the Defendant would lend the e-mail card to three days for tax reduction or exemption. The Defendant would provide three million won per account if he/she lends the e-mail card to three days.

“A” in receipt of a proposal and delivered a copy of the physical card linked to the Defendant’s Nong Bank’s account (D) to the above-mentioned bearers, thereby lending a financial institution’s access medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Search and replys;

1. Application of text statutes;

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 concerning the selection of punishment, the selection of imprisonment;

1. The instant crime may be abused as a means of another crime, and the Defendant shall be punished by imprisonment with prison labor in consideration of the fact that the instant crime could be abused as a means of another crime, the actual crime of fraud committed by using the access medium leased by the Defendant was committed and the occurrence of the victim was committed.

The suspension of execution shall be sentenced in consideration of favorable circumstances, such as the fact that the defendant has no benefit from the crime of this case, and the fact that the defendant has caused economic difficulties to commit the crime of this case.

In addition, the defendant's age, gender, environment, circumstances after the crime, etc. shall be determined as per the disposition.

참조조문

-형법 제62조 제1항

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