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(영문) 광주지방법원 2018.11.01 2017고단5580
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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 person shall lend any access medium while demanding, demanding or promising the consideration.

Nevertheless, on August 21, 2017, the Defendant promised to receive KRW 2.1 million from the person in an infinite name in return for the lending of passbook from the person in an infinite name, and sent the physical card and password of the Nong Bank Account B in the name of the Defendant, and the physical card and password of the Nong Bank Account C to the person in an infinite name using Kwikset Service.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Each certificate of verification;

1. Application of Acts and subordinate statutes on response to financial transactions;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The act of lending a medium of access to the reasoning of sentencing under Article 62(1) of the suspended sentence under the Criminal Act needs to be strictly punished as it can be used as a means of other crimes. The access medium of this case is used as a means of the crime of fraud, there are circumstances that can be taken into account the circumstances leading to the crime of this case, the defendant was unable to gain benefits due to the crime of this case, and other conditions of sentencing under Article 51 of the Criminal Act, such as the defendant's age, sexual conduct, environment, motive for the crime, and circumstances after the crime, shall be determined as ordered by taking into account the following factors.

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