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(영문) 인천지방법원 2018.07.05 2018고단3601
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

No person shall borrow or lend any access medium while demanding, demanding or promising the consideration in using or managing the access medium.

Nevertheless, around January 31, 2018, the Defendant received 5 million won from the Defendant’s home, in front of the Defendant’s home in Seo-gu B 103 Dong301, from the Defendant’s name, on a ten-day fee of 10,000 won. Through Kwikset Service Articles, the Defendant issued a letter of check card to the Defendant’s bank account (Account Number: C) under the name of the Defendant.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on internal investigation (attaching data on response to an account for execution of a warrant);

1. Application of Acts and subordinate statutes on remittance receipts;

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, the selection of imprisonment with prison labor;

1. The lending of the electronic financial transaction access media with the promise of the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution to the effect that it would undermine the stability and reliability of the electronic financial transaction and make it possible for the access media to be abused for other crimes such as phishing fraud, etc. In fact, in light of the fact that the victim of the fraudulent act was generated through the access media leased by the Defendant, and the fact that the Defendant could have predicted the possibility of using his access media for other illegal purposes in light of the content proposed by the non-person in the name, etc., the fact that there is a high possibility of such criticism is unfavorable to the Defendant. The fact that the Defendant is against the mistake, the fact that the Defendant might not actually receive the consideration for the lending of access media, the fact that there is no record of punishment exceeding the fine,

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case are considered as ordered.

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