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(영문) 수원지방법원 안양지원 2019.07.11 2019고단708
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

No one shall lend a means of access used in electronic financial transactions while promising the receipt of consideration.

Nevertheless, on October 24, 2018, the Defendant: (a) received a proposal from a person without a name, who is asked to send a physical card for the purpose of verifying the entry and departure of loans at low interest rate; and (b) borrowed the means of access in return for promising the number of payments by delivering the physical card and password connected to the company bank account (Account Number: C) in the name of the Defendant in the Yeongdeungpo-gu, Young-gu, Young-gu, Young-gu, the Defendant sent it to the person with no name.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Notification of current status and data of financial transactions;

1. Application of Acts and subordinate statutes to evidence1 (E substituteization) of damage and evidence2 (Details of Damage Transfer);

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the choice of imprisonment;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the following favorable circumstances): The instant crime is a crime detrimental to the security and trust of financial transactions.

The leased cards, etc. can be abused as a means of other crimes, and the Defendant's lending cards have been actually used for fraud crimes.

The favorable circumstances are against the defendant's wrong recognition.

The crime of this case seems to have failed to obtain the benefit.

It is an initial crime with no criminal power.

The punishment shall be determined in consideration of the following circumstances, such as the defendant's age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, and circumstances after the crime.

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