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(영문) 광주지방법원 2018.10.18 2018고단3702
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall lend an access medium while receiving, demanding or promising to receive compensation in using or managing the access medium.

On March 1, 2018, the Defendant: (a) promised that “the account needs to be kept due to the issue of liquor company tax; (b) on five (5) days on the face of each week from the account lending; and (c) on March 12, 2018, the Defendant sent a physical card connected to the Defendant’s Saemaul Bank Account (C) in the name of the Defendant to the delivery of Kwikset Service and sent the password to Kwikset Service Delivery through Kakao Stockholm.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of transaction details table and deposit receipt Acts and subordinate statutes;

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. The act of lending a medium of access to the reasons for sentencing under Article 62(1) of the suspended sentence of the Criminal Act requires strict punishment as it can be used as a means of other crimes. The Defendant lent the instant access medium to the Defendant was also used for fraud crime.

The sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive for the crime, circumstances after the crime, etc., shall be determined as follows: (a) the confession of the defendant and the fact that the defendant made a confession of the crime and reflects the mistake; (b) the defendant was unable to obtain benefits from the crime of this case; and (c) the criminal records of the defendant; and (d) the criminal records

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