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(영문) 전주지방법원 군산지원 2019.06.14 2019고단216
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 November 6, 2018, the Defendant, who assumes a false name “B Bank C Head,” sent two copies of the CC card, each connected to Kwikset Service’s article, to a person in whose name the Defendant received a loan after hearing the word “the bank account (number: G) and the H Bank account (number: I) in the name of the Defendant’s name,” which reads “E” as “the bank account (number: G)” and “E” at around 14:00 of the same month, the Defendant sent two copies of the CC card to Kwikset Service’s name.

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

Summary of Evidence

1. Defendant's legal statement;

1. Written Statement;

1. Application of Acts and subordinate statutes to the details of account transactions by victims and the bank transaction application;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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 the first offender is the sentencing factor favorable to the defendant. The crime of this case is the first offender by having the electronic financial transaction media receive compensation and lending the means of access which is likely to impair trust in electronic financial transactions and to be used for other criminal acts. The actual fact that the means of access that the defendant lent seems to have been used for all of the crimes, such as singishing, etc., is considered as an unfavorable sentencing factor against the defendant. In addition, the punishment was determined as ordered in consideration of the defendant's age, character

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