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(영문) 수원지방법원 여주지원 2017.08.11 2017고단621
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On March 10, 2017, the Defendant agreed to receive KRW 600,000,000 in return for lending the passbook by telephone from a person who was in the name of the Defendant “to lend the account in use” and sent the passbook and e-mail card connected to the (C) and the national bank account (D) to the Defendant’s name using Kwikset’s service in Ischeon City, B, using Kwikset’s service.

Accordingly, the defendant promised to receive compensation and lent the access media of electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A statement prepared by the F;

1. Statement of deposit transactions (A);

1. Application of the Acts and subordinate statutes to the details of transactions of deposits and withdrawals by national banks;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant, in mind, lent the electronic financial transaction access media, and the Defendant’s leased electronic financial transaction access media was used to commit the actual fraud.

However, the sentencing conditions, such as the defendant's age, sex, environment, etc., shall be determined by taking into account the fact that the defendant is against the crime and has no record of criminal punishment, and the punishment shall be determined like the order.

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