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(영문) 광주지방법원 2018.07.19 2018고단2369
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

On March 22, 2018, the Defendant promised to lend a physical card for three days on the condition that he would receive 2.4 million won from his name in return for the promise to deliver the physical card number to his name in the account of Gwangju Bank (D) in the name of the Defendant at around March 22, 2018, using a home-type one card connected to the account of the Gwangju Bank (D) in the name of the Defendant, and notified the above name in lieu by using the Kakao Stockholm.

As a result, the defendant promised to pay the price, and used a medium of access to electronic financial transactions for others.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes governing deposit verification;

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 suspended sentence of the Criminal Act requires strict punishment as it can be used as a means of other crimes. The Defendant lent the instant access medium to the Defendant was also used for fraud crime.

However, the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the confession of the defendant, the fact that the defendant is the first offender, the fact that the defendant did not obtain benefits from the crime of this case, the fact that the defendant supports two children, the age of the defendant, sexual conduct, environment, motive for the crime, circumstances after the crime, etc., shall be comprehensively taken into account, and the punishment shall be determined as ordered.

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