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(영문) 광주지방법원 2019.09.26 2018고단5014
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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

In using and managing a means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act.

Nevertheless, around May 8, 2018, the Defendant received a proposal from a nameless person who became aware of influencing in B, to the effect that the Defendant would offer KRW 1,500,000 in return for the loan of the physical card that needs to be used in Korea, and accepted it. On June 8, 2018, the Defendant sent one physical card connected to the G Bank account (H) opened in the name of the Defendant in Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City E and the addressee: F, and then notified the password via I message around that time.

Accordingly, the Defendant promised to provide compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement;

1. Application of Acts and subordinate statutes on transfer;

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

1. Selection of imprisonment with prison labor chosen;

1. The act of lending the means of access to the grounds for sentencing under Article 62(1) of the Criminal Act requires strict punishment since it can be used as a means of other crimes; the means of access to this case is also used as a means of fraud; unfavorable circumstances such as the confession of the defendant and the mistake of the defendant; the defendant is the primary offender; the defendant was unable to obtain benefits from the crime of this case; and the defendant was unable to obtain benefits from the crime of this case; and the conditions of sentencing under Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive for the crime of this case, etc., as stated in the argument of this case, shall be

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