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(영문) 창원지방법원 2017.12.12 2017고단3812
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall borrow or lend an access medium while receiving, demanding or promising to receive, demand or promise any consideration in using or managing the access medium.

On September 6, 2017, the Defendant lent one physical card linked to the Defendant’s Saemaul Bank Account (B) to the Defendant’s Saemaul Bank Account to Kakaooo on five days, and in return, received KRW 3.5 million.

On September 7, 2017, the Defendant, using a house line from D located in the window C of Changwon-si, Changwon-si around September 7, 2017, provided one check card to a name-free person.

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 for E;

1. Application of Acts and subordinate statutes to report internal death (Submission of details of transactions of victims);

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the following conditions favorable to the sentencing)

1. Sentencing criteria;

2. The access media of this case leased by the Defendant was actually used for crime.

Considering the purpose of the law in order to prevent additional crimes by strictly punishing the act of transferring or lending the access media, it is necessary to strictly ask the accused to be responsible for the crime.

However, in consideration of the fact that the defendant has no record of being sentenced to punishment exceeding the same kind or fine so far, the confession of the crime and reflects the mistake, and other sentencing conditions indicated in the records, such as the age, sex, environment, etc. of the defendant, the punishment shall be determined like the order.

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