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(영문) 광주지방법원 2019.05.09 2018고단5096
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 person shall, in using and managing a means of access used in electronic financial transactions, borrow or lend a means of access, or store, deliver or distribute a means of access in receiving, demanding or promising to do so.

Nevertheless, on October 2018, the Defendant listened to the phrase “on the face of lending the passbook to KRW 3 million.” On October 24, 2018, the Defendant sent a physical card that is linked with the bank account (E) in the name of the Defendant in Gwangju-dong-gu, Gwangju-gu, to the payment of KRW 3 million, and sent it to the printed article in the name of the Defendant.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Seizure warrant and reply;

1. Application of Acts and subordinate statutes for transfer certificate;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the choice of imprisonment;

1. The sentence identical to the order shall be determined by comprehensively taking into account the following factors: the criminal records of the defendant for the reason of sentencing under Article 62(1) of the Criminal Act, the nature and risk of the crime in this case, the background of the crime, the family relationship, the health condition of the defendant, and the possibility of recidivism.

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