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(영문) 수원지방법원 2018.07.12 2018고단2308
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 one shall lend any access medium while receiving, demanding or promising to receive compensation in using and managing the access medium.

Nevertheless, on December 12, 2017, the Defendant agreed to receive KRW 3 million from a person who was unable to know the name of the “D” private sports earth company at C, in front of the Sinsung City B, to receive KRW 3 million from the two-month account, and sent a e-mail card, which is an access medium of the bank account (Account Number: E) of the Defendant’s name to a person whose name is unknown using Kwikset’s service, and notified the relevant account number and password by telephone.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes on deposit transactions;

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. The act of lending an electronic financial transaction access medium on the grounds of sentencing under Article 62(1) of the Criminal Act (i.e., taking into account the circumstances favorable to the defendant among the reasons for sentencing) is not only an act of undermining the trust in electronic financial transactions, but also an act of undermining multiple victims by using the leased access medium in a criminal act such as telephone finance fraud, etc.

The defendant's leased access media has actually been abused in criminal acts and has caused damage.

The Defendant knowingly lent access media with knowledge that it will be used for illegal gambling crimes.

However, there are some points to consider the circumstances such as living conditions leading to the crime, and recognize and reflects the mistake, and consider the fact that there is no profit acquired by the crime and that there is no profit acquired by the crime in the same way as that of the defendant in favor of the defendant.

In addition, the sentencing conditions stipulated in Article 51 of the Criminal Act are set forth.

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