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(영문) 전주지방법원 2018.11.22 2018고단1495
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

On March 21, 2018, the Defendant: (a) received KRW 800,00 from a person in an infinite-dong, Songcheon-gu, Seocheon-gu; (b) issued, through Kwikset Service Articles, a physical check card and its password connected to the post office account (Account Number B) in the name of the Defendant.

Accordingly, the defendant lent the access media to the defendant with the promise of compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police statement made to C;

1. Investigation reports (Submission of details of transactions in post office accounts under the name of a suspect), and application of statutes on transactions in post offices under the name of a suspect;

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 the access medium for electronic financial transactions with the reason of sentencing under Article 62(1) of the Act on the Suspension of Execution is serious harm caused by the act of facilitating other crimes, such as telephone finance companies, and the actual use of the access medium by the Defendant for fraud. The Defendant’s lending of the access medium is used for fraud. The Defendant’s lending of the access medium to KRW 8 million to the maximum of KRW 3 million is expected to receive an income in response to the proposal and can be used for an abnormal and unlawful purpose.

I think, while considering the circumstances such as lending access media, the defendant's punishment is not against the defendant's punishment, and the defendant is punished by imprisonment.

However, there are some favorable circumstances such as the fact that the defendant's mistake is against the defendant, and that the defendant is the first offender who has no record of criminal punishment.

In light of the above circumstances, the term of punishment shall be determined as per the disposition and the execution thereof shall be suspended, taking into account all the circumstances such as the defendant's age, sex, environment, etc.

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