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(영문) 광주지방법원 2019.07.18 2019고단2170
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

Except as otherwise expressly provided for in any other Act, no person shall transfer or request or promise to provide for compensation in using and managing means of access under the Electronic Financial Transactions Act.

Nevertheless, on March 2019, the Defendant received a proposal from a person who was not a police officer to pay 200,000 won per day when sending a physical card from the person who was not a police officer. In response to the proposal, the Defendant would pay 20,000 won per day.

3. From 16:00 to 16:0, Ukua Qua bus terminal consignee, which is linked to the Defendant’s name bank account (B), sent a physical card to Busan Central Bus Terminal through 1:00, and borrowed the means of access by promising to notify and receive a password by telephone.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes on trading lists;

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

1. The act of lending the means of access to sentencing under Article 62(1) of the Criminal Act needs to be strictly punished as a means of other crimes. The means of access in this case that the Defendant lent was also used for the crime of fraud.

However, the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's confession of crime, the defendant's primary crime, the defendant's failure to obtain benefits from the crime of this case, the age, character and conduct, environment, motive for the crime, circumstances after the crime, etc., which are shown in the argument of this case, shall be determined as ordered by considering the following factors.

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