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(영문) 수원지방법원 안양지원 2019.05.07 2019고단119
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

No person shall lend a means of access used in an electronic financial transaction while receiving, demanding or promising any consideration therefor.

Nevertheless, around September 14, 2018, the Defendant accepted the proposal that “for a loan, the Defendant would have worked for the company, and would make monthly wage in the passbook, and send the check card to the head of the Tong.” On September 14, 2018, the Defendant sent one copy of the check card connected with the Defendant’s name in the name of the Defendant in front of B apartment C at Ansan-si around 16:00 of the same month, and lent the means of access to financial institutions by using mobile phones to Kwikset service articles who sent one copy of the check connected with the Defendant’s name in front of B apartment C (E).

Summary of Evidence

1. Defendant's legal statement;

1. Application of the F’s authenticity and written statements (including attached documents) Acts and subordinate statutes;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is not only impeding the stability of electronic financial transactions and trust, but also providing the means of other crimes, such as Bosing, etc., so it is necessary to severely punish the relevant social harm. In fact, the means of access leased by the Defendant was used for other crimes.

Defendant has been punished for the same kind of crime.

In such circumstances, the defendant's age, character and conduct, environment, background of the crime and circumstances before and after the crime shall be determined as ordered by taking into account various sentencing conditions.

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