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(영문) 전주지방법원 2018.03.19 2017고단1482
전자금융거래법위반
Text

A defendant shall be punished by imprisonment 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 person shall borrow or lend an access medium while receiving, demanding or promising to receive, demand or promise to use or manage the access medium.

C. On April 17, 2017, the Defendant would give KRW 3 million to a person who was unaware of his/her name in front of 101, 909, C apartment house 101, 300,000,000 if the head of the Tong was transferred.

“Along with the horses, “The Cash Card, which is an access medium connected to one’s name’s personal account (D) was sent to Kwikset Service and lent the access medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to reply to financial data (application form and details, etc. of relay transactions);

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

1. In light of the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution and the reasons for sentencing, the Defendant should be punished by imprisonment even if considering certain favorable circumstances, such as the fact that the access media would have been used for an abnormal purpose, and the fact that the access media leased by the Defendant was eventually used for the crime of fraud, causing secondary damage, etc., in full view of the following: (a) the Defendant recognized his mistake and reflects it; and (b) the fact that there was no previous conviction beyond the same kind and fine, etc., the Defendant should be punished by imprisonment.

Determinations shall be made.

However, considering the above-mentioned favorable sentencing conditions and all the sentencing conditions, such as the defendant's age, sex, environment, etc., the term of punishment shall be set and the execution thereof shall be suspended as ordered.

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