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(영문) 수원지방법원 안산지원 2018.02.27 2017고단3760
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 one shall borrow or lend any access medium, or store, deliver or distribute any access medium while receiving, demanding or promising to receive any consideration in using or managing the access medium.

On July 2017, the Defendant would give KRW 700,000 per day on the face of lending the account from a person with no name in the name of the police officer.

“On receipt of the text message “,” and contact the above-mentioned person, and from the above-mentioned person, “B director of alcoholic beverage company B is the director of alcoholic beverage company B, who is only three days in need of the card due to tax issues related to alcoholic beverages in the company, and will provide KRW 700,000 per day in return.”

Upon receipt of a proposal to the effect that ", for three days, he/she lent a three-day loan and received a loan fee of KRW 2.1 million, he/she issued one cash card connected to the Agricultural Cooperative Account (Account Number D) in the name of the defendant to the above-mentioned person in the name of the defendant through a door-to-door engineer from the Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong digital wave on August 7, 2017, and notified the above-mentioned person of the password by text

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 for E;

1. Details of each account transaction;

1. Application of each statute on photographs;

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 concerning the selection of punishment, the selection of imprisonment;

1. The Defendant, for the reason of sentencing under Article 62(1) of the Criminal Act, committed the instant crime even though he/she had the record of the same kind of punishment, thereby choosing imprisonment.

On the other hand, the defendant seems to have an attitude against the defendant, there is no record of punishment other than the above fine, and the defendant's age, occupation, sex, environment, and all the conditions of the punishment shown in the records, such as the circumstances before and after the crime of this case, shall be determined by taking into account the following factors.

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