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(영문) 수원지방법원 2018.07.12 2018고단1931
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 one shall lend any access medium while receiving, demanding or promising to receive compensation in using and managing the access medium.

Nevertheless, on December 4, 2017, the Defendant stated in the bill of indictment “80,000 won per head of Tong” as “80,000 won per head of Tong” in the “C located in Gwangju-si, Gwangju-si, and 800,000 won per head of Tong,” but it is obvious that it is a clerical error.

In return for the payment, the defendant agreed to receive in return for the payment, and made use of one physical card, which is an access medium to the agricultural bank account under the name of the defendant, known the name infinite and the account number and password to the name infinite.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes to confirm evidence, Kakao Stockholm dialogue, a statement of account transactions (a warrant reply), and a statement of account transactions (agricultural Cooperatives);

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, the selection of imprisonment with prison labor;

1. The act of lending an electronic financial transaction access medium on the grounds of sentencing under Article 62(1) of the Criminal Act (i.e., taking into account the circumstances favorable to the defendant among the reasons for sentencing) is not only an act of undermining the trust in electronic financial transactions, but also an act of undermining multiple victims by using the leased access medium in a criminal act such as telephone finance fraud, etc.

The defendant's leased access media has actually been abused in criminal acts and has caused damage.

The Defendant committed the instant crime even though he was well aware that the act of lending the approaching media was a criminal act, when he was aware of the fact that not only lent the approaching medium, but also received the investigation by transferring the approaching medium (through copies and debit cards) in 2011.

However, the crime is committed due to living conditions.

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