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(영문) 수원지방법원 안산지원 2019.01.08 2018고단3589
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access in receiving, demanding or promising compensation.

Around 10:00 on May 30, 2018, the Defendant was offered a proposal to the effect that “I would use the passbook for three days if I would lend it to a liquor company due to tax issues, and would pay KRW 2.7 million in return.” On the same day, at around 13:00 on the same day, I sent a copy of the Postal Card linked to the D Bank Account under the name of the Defendant, via an Articles of Kwikset, and notified him of the password, etc. as text messages.

Accordingly, the defendant would receive compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. The application of the text messages dialogue content and the statutes governing transactions;

1. The relevant provision of criminal facts, Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act regarding the selection of punishment, and the lending of the means of access to the grounds for sentencing of imprisonment with labor is inevitable as it is possible to cause multiple victims by using the means of systematic fraud crimes.

In this case, several victims have occurred by lending the means of access, and the defendant was brupted in the desire to pay money, and the damage was not fully recovered.

In addition, it seems that the defendant has a record of being sentenced to suspension of indictment for the same crime, and the lending of the means of access is a crime.

However, in consideration of the fact that the defendant remitted 1 million won to some victims under the pretext of compensation for damage, the defendant's reflectivity, family environment, and circumstances where there is no record of punishment of a fine or heavier punishment shall be determined as the same as the order.

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