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(영문) 의정부지방법원 2018.11.21 2018고단3565
전자금융거래법위반
Text

A defendant shall be punished by imprisonment 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 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.

Nevertheless, on July 2018, the Defendant: (a) received a proposal from a person in unsound name, who was introduced through his/her friendship, stating that “if he/she lends the head of Tong and body card only one month, he/she will offer 4.5 million won as rent; and (b) delivered the physical card connected to the Defendant’s new bank account (E) in front of the D cafeteria located in his/her name, on July 13, 2018, via Kwikset service article.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. The authenticity and statement of the F;

1. Application of the Act and subordinate statutes to a criminal investigation report (to attach a new statement of bank transaction details, etc.), a criminal investigation report (Attachment of transaction details), and a criminal investigation report (G hearing ofG statements);

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. The reason for 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) (i.e., setting sentencing guidelines) is for the instant crime to be committed by the Defendant with the promise of compensation and lending its access media. Such act of lending access media may not only impair the credibility of the safety performance of electronic financial transactions, but also be abused for other crimes, such as Bosping, etc.

However, the fact that the defendant recognized his mistake and reflects his depth, there is no record of criminal punishment exceeding the fine of the defendant, the victim and the victim do not want the punishment of the defendant, the fact that the defendant seems to have no profit acquired from the crime of this case, and the defendant's age, sex, criminal conduct, economic situation, motive, means and consequence, etc., and after the crime.

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