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(영문) 수원지방법원 2018.01.25 2017고단6825
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

The defendant is a private company of sports earth and sand, and if he/she lends a card, he/she will offer 3 million won per month of the card.

"Around 14:00 on July 26, 2017, Kwikset Service Articles, who sent names from the C Office located in Seocho-gu Seoul Metropolitan Government, to Kwikset Service Articles, who sent the names from the Defendant’s name before the C Office located in Seocho-gu Seoul, to be paid for by giving information of the password to one bank account (D) and enterprise bank account (E), respectively, in the name of the Defendant, and lending a medium of access by telephone.

Summary of Evidence

1. Statement by the police concerning F of the defendant's legal statement;

1. Application of Acts and subordinate statutes on the verification of an investigation report (the verification of a show case related to the corporate bank account), customer information inquiry, and transaction details;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Selection of imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

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, even though not telephone financing fraud, lent access media with knowledge that it would be used for criminal acts, and the Defendant’s leased access media was actually abused in criminal acts, causing damage.

Although the defendant is an alien crime, he/she has been punished several times, including one suspended sentence.

However, the sentencing conditions stipulated in Article 51 of the Criminal Act are considered, taking into account the fact that there is no benefit acquired by the defendant due to the crime, there is no family member to support such as the same kind of criminal record, the aged child, etc.

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