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(영문) 수원지방법원 안산지원 2017.06.21 2017고단1294
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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

Except as otherwise provided for in other Acts, no one shall lend any access medium with the receipt, request or promise of compensation in using and managing the access medium.

Nevertheless, on December 11, 2016, the Defendant issued a proposal to the effect that “the Defendant would pay KRW 3 million per week from a person who was in the name of the Defendant to a person who was in the name of the Defendant.” On the same day, the Defendant laid down a brace card and one password connected to a post office deposit account (D) opened in the name of the Defendant in the name of the Defendant before the store located in the Gu of Ansan-si, Ansan-si.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police statement made to E;

1. Application of Acts and subordinate statutes to the details of deposits and transactions, copies of the statement of details of transactions, personal information on finance, and details of transactions on deposits and withdrawals;

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

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

1. Selection of imprisonment with prison labor chosen;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution (hereinafter the following grounds for sentencing) is not only a case where the defendant lent a medium of access to electronic financial transactions to impair the trust and security of financial transactions, but also a case where the access medium can be used for various criminal acts.

However, the sentencing conditions indicated in the instant case, such as the Defendant’s age, sexual conduct, environment, motive and circumstance after the commission of the instant crime, etc., are reflected in the process of committing the instant crime, and the fact that there is no criminal record for the same kind of crime, the fact that it appears that the Defendant was unable to receive the actual consideration, and other factors such as the Defendant’s age, sex, environment

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