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(영문) 전주지방법원 2018.11.15 2018고단1689
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 lend any access medium while receiving, demanding or promising to receive compensation in using and managing the access medium.

Nevertheless, on March 9, 2018, the Defendant received the text message, 280 to 30 million won from a person who was not in the name of the Defendant, and agreed to receive KRW 2.8 million on the condition of lending the physical card on a condition of lending it. On the same day, the Defendant sent an access medium using Kwikset’s service, such as an OTP card and password connected to the account (Account Number B) in the name of the Defendant, before the same day, to the Agricultural Cooperatives located in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on internal investigation (recording, etc.);

1. Application of investigation reports (related to the agricultural cooperatives' replys to the warrant), and Acts and subordinate statutes on new data of the Agricultural Association;

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

1. The act of lending an access medium for electronic financial transactions with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is serious harm caused by the act of making it easier to commit another crime such as telephone finance company. The actual Defendant’s lending medium was used for fraud, and the Defendant expecting to pay a close amount of KRW 3 million per delivery vehicle on the face of a week by lending the vehicle’s shipment name and lending the access medium to a third party on the face of a week, and lending the access medium with the knowledge of illegal reduction, the Defendant is punished by imprisonment with prison labor. As such, the Defendant is not less likely to be subject to the Defendant’s liability.

However, there are some favorable circumstances such as the fact that the defendant's mistake is against others, and there is no record of criminal punishment exceeding the same kind and fine.

In light of the above circumstances, the sentencing conditions, such as the defendant's age, sex, environment, etc., the order is issued.

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