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(영문) 광주지방법원 2018.07.19 2018고단2410
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 lend any electronic card used to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of the details of such transactions with users and other access media, such as a password, necessary for the use of such card, and information thereon, upon receipt of consideration, request or promise.

Nevertheless, on January 10, 2018, the Defendant: (a) received a proposal from a deceased person to “to use the physical card for 3 days on the face of the week from lending it; and (b) accepted it; and (c) around that time, the Defendant sent the physical card, password, and password connected to the passbook (D) of the Defendant’s name bank bank to the deceased person via Kwikset service.

As a result, the Defendant used the electronic financial transaction in return for payment, demand, or promise.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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 act of lending a medium of access to the reasons for sentencing under Article 62(1) of the suspended sentence of the Criminal Act requires strict punishment as it can be used as a means of other crimes. The Defendant lent the instant access medium to the Defendant was also used for fraud crime.

However, the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the fact that the defendant reflects the mistake, that the defendant has no previous conviction except for punishment once by a fine, that the defendant was unable to obtain benefits from the crime of this case, and that the defendant's age, sexual conduct, environment, motive for the crime, circumstances after the crime, etc. specified in the arguments of this case, shall be determined as ordered by considering the following factors.

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