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(영문) 수원지방법원 평택지원 2018.10.04 2018고단1023
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment 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 used in electronic finance in return for promise to another person.

Nevertheless, on April 16, 2018, the Defendant received the Kakao Stockholm message stating that “The head of a Tong will be given three million won if he/she borrowed the head of a Tong” from a person who was in the name of the police officer, and sent one copy of the Kaka Card (B) to a person who was in the name of the Defendant using his/her home at an Ansan post office located in the name of the Defendant, around 15:00 on April 16, 2018.

Accordingly, the defendant lent the access media in return for the promise of compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Each report on investigation;

1. Application of Acts and subordinate statutes governing certificates of deposit transactions;

1. The applicable provision of Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts; the selection of imprisonment;

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

1. The strict punishment is required for the transfer of media access to the reasons for sentencing under Article 62-2(1) of the Social Service Order Act as a means of other crimes, such as Bosing, etc., and the actual occurrence of fraud damage in relation to the access media that the Defendant transferred. It is not good that the crime is committed in that the Defendant actually caused fraud damage in connection with the access media.

Provided, That the execution of imprisonment shall be suspended in consideration of the fact that the defendant has no past criminal records exceeding fines, and incidental measures shall be imposed to prevent recidivism.

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