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(영문) 대전지방법원 2018.08.22 2018고단2039
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 27, 2018, the Defendant promised to receive 800,000 won per day when he/she lent e-mail cards from the needy in Seo-gu, Daejeon for three days, and then sent two copies of e-mail cards, which are the access media connected to the Saemaul Treasury Account (number D and E) in the name of the Defendant, to the needy and lent the access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to details of remittance, an application for transaction of A Saemaul Treasury Account, and details of transaction of A Saemaul Treasury Account;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. The sentence shall be determined as ordered by comprehensively taking into account the following conditions of sentencing under Article 62(1) of the Criminal Act, including the Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime.

D. Unfavorable circumstances: The transfer and lending of the access medium for electronic financial transactions can be used as a means of other crimes, and thus social strict measures are required; in this case, the circumstances that the access medium leased by the Defendant was abused for phishing crimes: the confession and reflect;

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