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(영문) 광주지방법원 2018.04.12 2017고단5707
전자금융거래법위반
Text

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

On September 6, 2017, the Defendant received 200,000,000 won from his/her name in the “C” four-day shop located in Gwangju North-gu, Gwangju-gu, and received 2 million won from his/her name in the month of January, if he/she lends e-mail,” and sent e-mail cards connected to the Defendant’s name’s account (D) and our bank’s account (E) through Kwikset, and transmitted passwords using Kakao Stockholm.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Details of financial transactions, the details of replies, and the application of the statutes on response data on finance;

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 concerning the selection of punishment, the selection of imprisonment;

1. The instant crime of lending to another person the access media of financial institutions with the reason of sentencing under Article 62(1) of the suspended sentence under the Criminal Act may be abused as a means of other crimes, such as Bosing, etc. In fact, considering the unfavorable circumstances, such as the fact that the Defendant committed fraud using the access media and the occurrence of the victim, a strict punishment is required even in consideration of the following favorable circumstances.

Accordingly, it is intended to select and punish imprisonment.

However, a suspended sentence shall be imposed in consideration of favorable circumstances, such as there is no benefit acquired by the Defendant from the instant crime, there is no history of punishment before the instant crime, and the fact that the Defendant appears to have caused economic difficulties to the instant crime.

In addition, the defendant's age, gender, environment, circumstances after the crime, etc. shall be determined as per the disposition.

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