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(영문) 대전지방법원 천안지원 2018.11.15 2018고단2559
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall transfer or take over any access medium, or lend or take over any access medium in return for promising to receive any consideration.

On April 18, 2018, the defendant is "B operating earth and sand" from a person who has no name but to the name of the defendant on April 18, 2018.

To lend a eck card, the main part of the card is Alba 3 million won.

"" means lending the access media to the financial account received from the proposal to acquire cash, and delivering the check card, which is a new bank account (D) access media in the name of the defendant in front of the defendant's home of the defendant of the defendant of the defendant of the Isan City, to the person without a name.

As a result, the defendant promised to receive the access media used in electronic financial transactions in return for it.

Summary of Evidence

1. Statement by the defendant in court;

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

1. E statements;

1. Transfer receipt;

1. Application of Acts and subordinate statutes to a report on investigation (the result of execution of a warrant of search and inspection);

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act, the selection of imprisonment with prison labor;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the suspended sentence under the Criminal Act: Lending media access to electronic financial transactions can be used as a means of other crimes, and thus, it is necessary to strictly punish the lending of such media. In reality, even in this case, the Defendant’s lending media is used as a means of fraud, the circumstances favorable to the fact that the Defendant has already been punished as a crime under the same law: recognition of a crime and reflects the fact that there is no record of criminal punishment heavier than a fine; and there is no record of criminal punishment heavier than a fine, the Defendant’s age, sex, family relation, family environment, motive and means of crime, etc. shall be determined as per the disposition.

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