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(영문) 전주지방법원 2019.10.24 2019고단1185
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In using and managing the means of access, no one shall lend the means of access while promising to receive compensation unless otherwise specifically provided for in any other Act.

Nevertheless, the Defendant borrowed the physical card under the name of the Defendant on the condition that he receives KRW 2,40,000 per sheet in return for the use of the physical card from the nameless person for three days. On March 28, 2019, the Defendant sent the physical card under the name of the Defendant at the Da Office in the name of the Defendant (E), the F Bank Account (G), and the F Bank Account (H) on March 28, 2019, in the nameless person C Office in the name of the Defendant. The Defendant sent three copies of the physical card under the name of the Defendant on the face of three days and notified the password I.

Accordingly, the Defendant promised to receive compensation and lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Written Statement;

1. A certificate of electronic financial transfer transaction;

1. Details of the investigation report (Attachment to photographs of the content of I dialogue), I dialogue;

1. Application of investigation reports (report on submission of suspect A details of transactions) and Acts and subordinate statutes of transactions;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, under the grounds of sentencing under Article 62-2 of the Criminal Act of the community service order, shall be determined as ordered.

The defendant confessions that he or she has a record of criminal punishment on three occasions, including three cases or illegal lending of the card, the transfer and lending of the means of access for electronic financial transactions can be used as a means of other crimes, and that there is a social strict response. In this case, the means of access lent by the defendant has been abused for singing crimes, one time of imprisonment, and one time of suspended execution.

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