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(영문) 광주지방법원 순천지원 2019.07.05 2019고단271
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 becomes final and conclusive.

Reasons

Punishment of the crime

No one shall transfer or acquire a means of access, such as cash cards, which are electronic cards, used to direct transactions in electronic financial transactions or to secure the authenticity and accuracy of users and the details of transactions, and shall not lend or lend a means of access, or keep, deliver or distribute a means of access in receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act or subordinate statutes.

Nevertheless, the Defendant, upon receiving a proposal from a person under whose name the account was named, proposed that he/she would lend the account for three days, and consented thereto, and then lent one physical card connected to the account under the name of the Defendant at the king post office located in the Dong-dong Municipal Ordinance of Macheon-si on June 29, 2018 by sending the name card to the above person under whose name the account was named.

Summary of Evidence

1. Defendant's legal statement;

1. A C’s statement and a written petition;

1. Application of Acts and subordinate statutes concerning the certification of the results of debt collection and conversation between the needy and D;

1. Relevant Article 49 (4) 2 of the Electronic Financial Transactions Act and the main sentence of Article 6 (3) 2 of the same Act concerning criminal facts and the selection of imprisonment with prison labor;

1. The reasons for sentencing under the main sentence of Article 62(1) of the Criminal Act, based on the overall conditions of sentencing, such as the fact that the means of access lent by the defendant was used for the crime of Bophishing fraud, favorable circumstances such as the defendant's wrongness, etc., the defendant's previous conviction, age, family environment, motive and circumstances of the crime, and circumstances after the crime, shall be determined as the disposition.

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