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(영문) 광주지방법원 2019.10.17 2019고단3016
전자금융거래법위반
Text

A defendant shall be punished by imprisonment 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

With respect to the use and management of the means of electronic financial transactions, no one may lend the means of access by receiving, demanding or promising any compensation, unless otherwise specifically provided for in other Acts, even if the Defendant received a proposal from a Pungam post office located in the Seo-gu, Gwangju, to the effect that “on March 22, 2019, it is necessary for the purpose of tax saving” from a person whose name is not known at the Pungam post office located in the Seo-gu, Gwangju, and that “on March 2, 2019, it is necessary to pay KRW 3 million if he/she lends the Cze card for three days,” and that he/she sent a physical check card connected to the SP bank account (B) in the name of the Defendant, and notified the Kakao of that password.

Accordingly, the Defendant promised to pay for, and lent the means of electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the Kakao Stockholm statutes

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

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

1. Selection of imprisonment with prison labor chosen;

1. The act of lending the means of access to the reason for sentencing under Article 62(1) of the Criminal Act requires strict punishment since it can be used as a means of other crimes; the means of access to this case leased by the defendant is also used for the crime of fraud; unfavorable circumstances such as the confession of the defendant and the counter-misunderstanding of his mistake; the defendant was unable to obtain benefits from the crime of this case; and the damage amount of his means of access was remitted to the victim D on October 10, 2019 and repaid to the victim D on October 10, 2019. In addition, the conditions of sentencing under Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, motive for the crime, circumstances after the crime, etc., as stated in the argument of this case, shall be determined by taking into account

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