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(영문) 광주지방법원 2018.05.17 2018고단1115
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor 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.

However, on January 5, 2018, the Defendant received a proposal from an Buddhist person, stating that “I will give KRW 3 million and KRW 6 million on condition that I use one month per account,” and consented thereto. On January 5, 2018, the Defendant sent a post office passbook (B) in the name of the Defendant and a post office card connected thereto to the Defendant to the Buddhist person through Kwikkset 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. Statement made by the police against C;

1. Answer to a warrant of search and seizure;

1. Application of the details of transactions and the verification of remittance transaction Acts and subordinate statutes;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act concerning the selection of punishment, the selection of imprisonment;

1. The instant crime of lending to another person the access media of financial institutions with the reason of sentencing under Article 62(1) of the suspended sentence under the Criminal Act may be abused as a means of other crimes, such as Bosing, etc. In fact, taking into account the unfavorable circumstances such as the fact that the Defendant committed fraud using the access media and the occurrence of the victim, a strict punishment is required even if taking into account the following favorable circumstances.

Imprisonment and punishment shall be imposed.

However, a suspended sentence shall be sentenced in consideration of favorable circumstances, such as the fact that the defendant has no profit acquired by the crime of this case, and the fact that the defendant seems to have caused economic difficulties to commit the crime of this case.

(b) other.

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