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(영문) 전주지방법원 군산지원 2019.07.19 2019고단466
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

In using and managing the means of access, no one shall commit any act of lending the means of access while promising to receive any consideration, unless otherwise specifically provided for in other Acts.

Nevertheless, at around 12:30 on October 5, 2018, the Defendant: (a) listened to the Defendant’s residence room in Gwanak-gu, Seoul Special Metropolitan City, the name-based company is required to exchange the account; (b) one week after the Defendant’s name-based beneficiary’s statement that “I will use and return the card for one week” from the name-based beneficiary; and (c) one copy of the physical card connected to the Defendant’s name bank account (C: number) was sent to the Defendant’s name-based beneficiary through Kwikset Service.

Accordingly, the Defendant promised to receive compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes on the details of account transactions to the National Bank ACIF and the National Bank;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is that the defendant recognized all of the crimes and reflects the fact that the defendant was punished once by a fine due to a double-class crime, and the crime of this case is a factor for sentencing favorable to the defendant. The crime of this case is the one having the electronic financial transaction medium in return for payment and the means of access is highly likely to be used for other criminal acts because the means of access which has been leased is detrimental to the trust in the electronic financial transaction and is highly likely to be used for other criminal acts. In fact, considering the fact that the means of access leased by the defendant is deemed to have been used for the Bosing fraud, the punishment was determined as ordered by considering

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