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(영문) 인천지방법원 2017.09.14 2017고단5466
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 borrow or lend any access medium, or store, deliver or distribute it while receiving, demanding or promising to receive any consideration.

Nevertheless, on March 27, 2017, the Defendant lent a physical card between three months prior to the “C” located in the Nam-gu Incheon Metropolitan City, Incheon and received 100,000 won per day of the physical card, via Kwikset Service Articles, and lent a financial institution access medium by making a contract to a non-standing person via an article of Kwikset Service with one copy of the community credit cooperative account in the name of the Defendant, and one copy of the physical card linked to the Nong Bank account (D) and the Nong Bank account (E).

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Details of transfer of smart banking, provision of financial transaction information, verification of transfer, statement of deposit and withdrawal transactions, and application of Acts and subordinate statutes to a transaction application;

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

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

1. Selection of imprisonment with prison labor chosen;

1. The act of transferring the eck card or password of the reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing) is highly likely to be used in the scaming, etc., so it is highly likely that the act might be used in the scam.

Nevertheless, the Defendant committed the instant crime in accordance with the interests of the Defendant.

However, the defendant recognized his mistake and reflected his mistake.

There are many criminal records, including one-time criminal records, for the accused, but there are no same criminal records.

The punishment shall be determined as per the order and the execution thereof shall be suspended, taking into account the circumstances above, the age of the defendant, sex, family relationship, property status, and other various conditions of sentencing.

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