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(영문) 수원지방법원 여주지원 2019.01.18 2018고단1150
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 becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising any compensation.

Nevertheless, at around 14:30 on October 29, 2018, the Defendant received a proposal from the nearest person of the name of the liquor company to “to pay KRW 2,100,000 if he/she lends his/her physical card for three days” from the nearest person in the name of the liquor company, and sent one physical card that is linked to the D (Account Number: E) account under the name of the Defendant through Kwikset Service Articles at the C Hospital parking lot located in Ischeon City B, 2018, and sent the password of the above physical card to F.

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

Summary of Evidence

1. Defendant's legal statement;

1. G’s petition and certificate of confirmation;

1. Application of Acts and subordinate statutes on the statement of G;

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

1. As for the reasons for sentencing under Article 62(1) of the Criminal Act, the Defendant’s means of access to the crime of Bosing shall be considered disadvantageously, and the fact that the Defendant is dead and reflected, and the motive and circumstance of the crime shall be considered as favorable circumstances.

In this regard, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, behavior and environment, are determined as above.

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