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(영문) 전주지방법원 군산지원 2019.06.21 2019고단310
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 became final and conclusive.

Reasons

Punishment of the crime

In using and managing the means of access, no one shall commit any act of lending the means of access while promising to receive any consideration, unless otherwise specifically provided for in other Acts.

Nevertheless, around January 22, 2019, the Defendant sent a physical card, which was linked to the bank account (F) in the name of the Defendant, to the name in return for obtaining the above consideration from the needy person who misrepresented the “D” at the C office located in the Gunsan-si B, and that “D is in need of a card due to a three-day problem, and will use it for three days if the card was lent, and KRW 2.1 million if the card was lent,” and sent a copy of the physical card, which was linked to the account (F) in the name of the Defendant.

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

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Application of Acts and subordinate statutes on account statements;

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. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is that the defendant recognized all of the crimes and reflects the fact that there is no same criminal history, and the crime of this case is a sentencing factor favorable to the defendant. The crime of this case requires strict punishment due to the fact that the means of access that has damaged trust in electronic financial transactions and has leased to receive compensation is highly likely to be used for other criminal acts. The actual fact that the means of access that the defendant lent to the defendant is deemed to have been used for the singishing fraud crime is considered as an unfavorable sentencing factor against the defendant. In addition, the defendant's age, character and behavior,

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