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(영문) 인천지방법원 2018.07.25 2018고단4157
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

No person shall lend any medium access to electronic financial transactions in return for the consideration therefor.

Nevertheless, on November 23, 2017, the Defendant received a proposal from a person who was in the name of the Defendant and consented thereto, and then, on the same day, transferred the physical card connected to the new bank account (F) in the name of the E (the name prior to the Defendant’s name) on the roads prior to the Nam-gu Incheon Metropolitan City Hospital (D Hospital).

As a result, the Defendant promised to pay for, lent access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes of the police statement protocol to G;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. Based on the grounds for sentencing under Article 62(1) of the Criminal Act, the sentencing conditions set forth in the trial process of this case, including the Defendant’s age, sex, family relation, home environment, motive and means of the crime, and the circumstances after the crime, shall be determined as set forth in the Disposition above.

A favorable condition: The defendant is making a confession of the crime of this case.

Unfavorable circumstances: The defendant's access media was actually used for the second crime and the damage was incurred.

The defendant has been sentenced to imprisonment without prison labor or heavier punishment on several occasions.

The defendant also withdrawn money from the account that he lent the access media.

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