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(영문) 광주지방법원 2019.06.27 2019고단517
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

No person shall, in using and managing a means of access used in electronic financial transactions, borrow or lend a means of access, or keep, deliver or distribute a means of access, requiring or promising to receive any consideration.

Nevertheless, around October 8, 2018, the Defendant listened to the statement that “B Company C is the office chief of the B Company C, if he lends the C Card, he will use it for three days per sheet and pay three million won.” On October 11, 2018, the Defendant sent one e-mail card that is linked with the E-bank account (F) in the name of the Defendant in front of the Gwangju Mine-gu apartment.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused (including attached documents);

1. The police statement of G (including attached documents);

1. Application of the Acts and subordinate statutes governing the execution of warrants;

1. Relevant Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act concerning criminal facts, and the choice of imprisonment with labor;

1. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered in consideration of the following circumstances: (a) the Defendant’s age, character and conduct, environment, family relationship, motive and consequence of the crime; and (b) the circumstances constituting the conditions of sentencing as shown in the instant pleadings.

favorable sentencing factors: The fact that the crime is recognized and closely reflects on the fact that there is no record of crime, and that the gain acquired by the crime of this case is not confirmed: The means of access leased by the defendant was actually used for loan fraud, and the existence of the so-called one-called one-called one-called one-way one-way one for a variety of crimes, such as the Bosing Fraud, is essential, and the use of such one-way one is widely known to the general public. Therefore, the strong punishment for the supply of it is possible.

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