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(영문) 광주지방법원 2019.01.10 2018고단4691
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, in using and managing a means of access, borrow or lend the means of access while receiving, demanding or promising any compensation therefor.

On April 2018, the Defendant: (a) received the word “to give a total of KRW 600,000 won per day using the card if the card was lent; (b) agreed to transfer a physical card connected to the account under the Defendant’s name by making a contact to the above needy person; and (c) issued a physical card connected to the Defendant’s name in front of Gwangju Mine-gu C in the name of the Defendant in front of Gwangju Mine-gu, by using Kwikset’s services, and notified him of the password by using the telephone.

Accordingly, the Defendant promised to provide compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of the F;

1. Application of the Acts and subordinate statutes on response materials;

1. Relevant Article 49 (4) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense and Articles 6 (3) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions;

1. The act of lending the means of access to sentencing under Article 62(1) of the Criminal Act needs to be strictly punished as a means of other crimes. The means of access in this case that the Defendant lent was also used for the crime of fraud.

However, the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's confession of crime, the defendant's primary crime, the defendant's failure to obtain benefits from the crime of this case, the age, character and conduct, environment, motive for the crime, circumstances after the crime, etc., which are shown in the argument of this case, shall be determined as ordered by considering the following factors.

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