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(영문) 서울서부지방법원 2018.11.13 2018고단3302
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

Criminal facts

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium while receiving, demanding or promising the payment thereof in the course of using or managing access medium for electronic financial transactions.

In April 17, 2018, the Defendant received the text message stating that he would pay KRW 800,000 per head of the Tong in return for using the account to be used for the reduction or exemption of alcoholic beverages for three days from the person in unsound name, and consented to it. On April 17, 2018, the Defendant sent one check card connected to the B bank account in the name of the Defendant at the store located in Ansan B bank account (Account Number: C) and sent the password to the person in unsound name and notified D.

As a result, the defendant promised to pay the price to the name of the victim and lent the approaching media to the name of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Provision of financial transaction information;

1. Application of Acts and subordinate statutes to a criminal investigation report (the submission of suspect DNA message data);

1. Relevant legal provisions and the choice of punishment for a crime: Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act (or choice of imprisonment);

1. Suspension of execution: The reason for sentencing under Article 62 (1) of the Criminal Act / [favorable circumstances] The reason for sentencing under Article 62 (1) of the Criminal Act / [The defendant lending media is used to commit telephone finance fraud, causing damage, and having the same records (a favorable circumstance] / [a favorable circumstance] that the defendant has no criminal interest acquired, the defendant's mistake is divided and not re-offending, and there is no record of punishment other than twice a fine within the last ten years;

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