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(영문) 춘천지방법원 2018.12.19 2018고단1067
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts and subordinate statutes, no person shall borrow or lend any access medium used in electronic financial transactions while receiving, demanding or promising to pay the consideration.

On May 10, 2018, the Defendant received a text message and telephone to the effect that “on a face to lend a borrowed account, the Defendant would give KRW 3 million between one month per account” from a person in the name of the Defendant, and sent a physical card linked to the Defendant’s community credit cooperative account (D) around 17:00 on May 10, 2018, via Kwikkset’s service, around May 17, 2018.

As a result, the defendant promised to receive compensation and used access media for electronic financial transactions for others.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Details of transfer, applications for deposit transaction, details of transaction by account, and application of Acts and subordinate statutes to investigation reports (Attachment of CCTV images at the point of withdrawal of damage);

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act, the selection of imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of distributing the access media for the reasons of sentencing of Article 62-2 of the Criminal Code for the protection observation and punishment of the crime is highly malicious in society in that the distributed access media is used as the means of the so-called singinging crime or the means of delivering illegal Internet gambling funds. The account of this case is actually used for the singing crime, and the defendant may be liable for damages if he transfers the access card or cash card to another person at the time of opening the account, and may be punished by the Electronic Financial Transactions Act.

The fact that the crime of this case was committed despite the guidance of "the crime of this case" is an element of sentencing unfavorable to the defendant.

However, the defendant appears to have recognized and reflected the crime of this case, and the defendant is the crime of this case.

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