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(영문) 인천지방법원 2018.05.10 2018고단1938
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall borrow or lend an access medium while receiving, demanding or promising to receive, demand or promise any consideration in using or managing the access medium.

Nevertheless, around January 5, 2018, the Defendant received 300,000,000 won from the person who was unaware of his name in front of 7,44,00,00 from 7,00,00,000,000 won from 1,000,000,000,000,000,000,000,000,000,000,000,000,000,000.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared B;

1. Application of Acts and subordinate statutes to investigation reports (related to telephone conversations B by the suspected person);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. There are extenuating circumstances, such as the fact that the defendant for sentencing under Article 62-2 of the Social Service Order Criminal Act shows the attitude of recognizing and reflecting the crime, and that there is no record of punishment exceeding the fine.

However, lending an access medium to an electronic financial transaction with the promise of payment is necessary to strictly punish it because it could be abused for other crimes such as singinging fraud, etc. In fact, the victim of the fraudulent crime was committed by using the access medium leased by the Defendant. Even if the Defendant had already been punished by a fine for the crime of transferring the access medium in 2015, it appears that the access medium leased can be used for illegal purposes even in light of the content proposed by the person in the name of the victim in this case. In addition, it appears that the access medium leased can be used for illegal purposes.

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