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(영문) 광주지방법원 2018.04.26 2018고단917
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four 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

No one shall borrow or lend any access medium, or store, deliver or distribute any access medium, while receiving, demanding or promising to receive any consideration in using or managing the access medium.

On September 2017, the Defendant received a text message to the effect that “to use the passbook available for five days on the face of the week, and to pay 3 million won in advance” from the sender of the message, and agreed to the offer that “to pay money to the sender of the message,” and then, sent the Defendant’s new bank account (C) to the Defendant’s name through Kwikset, on September 2017, 2017, on the same day, the Defendant sent the physical card connected to the said account through Kwikset’s service article.

As a result, the defendant promised to receive compensation and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of deposit certificates of banks (12 pages of investigation records);

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. The act of lending a medium of access to the reasons for sentencing under Article 62(1) of the suspended sentence of the Criminal Act requires strict punishment as it can be used as a means of other crimes. The Defendant lent the instant access medium to the Defendant was also used for fraud crime.

However, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the fact that the defendant reflects the mistake, the fact that the defendant has no record of criminal punishment, the defendant has not acquired any benefit from the crime of this case, and the age, sex, environment, motive for the crime, circumstances after the crime, etc. specified in the arguments of this case, shall be determined as follows.

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