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(영문) 수원지방법원 안양지원 2018.05.18 2018고단88
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

No person shall lend any access medium with the knowledge that it is intended to be used for a crime or intended to be used for a crime in using or managing access medium for electronic financial transactions.

Nevertheless, the Defendant knew that the bank account linked to the e-mail card can be used in a crime such as Bosing, etc. in the event that he was subject to criminal punishment twice due to a violation of the Electronic Financial Transactions Act. On May 23, 2017, around May 23, 2017, the Defendant, even though he knew that the e-mail card could be used for the e-mail card in the case of using the e-mail card to the e-mailed male from the above place.

Accordingly, the defendant, knowing that he will be used in the crime, lent a approaching medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on deposit receipts;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 3 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution: The instant crime may not only harm the safety and trust of financial transactions, but also be abused as other means of crime. In fact, the account leased by the Defendant was used for fraud.

There are two times of past records of fines for the same crime.

The favorable circumstances seems to reflect one's own mistake.

There shall be no criminal records of suspended execution or more.

Determination of sentence: Determination of sentence as ordered by taking into account the above circumstances, the age, sex, environment, etc. of the defendant, and the conditions of sentencing.

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