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(영문) 광주지방법원 2018.04.05 2018고단724
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

Except as otherwise provided for in other Acts, no one shall lend any access medium with the receipt, request or promise of compensation in using and managing the access medium.

Nevertheless, on July 2017, the Defendant received a proposal from a person who is unable to know his name by telephone, stating that “I need to account for the purpose of tax reduction and exemption, and will make a daily allowance of KRW 600,000 per day of lending the account.” On July 20, 2017, around 14:00, the Defendant sent one check card connected to the Defendant’s Saemaeul Bank Account under the name of the Defendant to the non-resident via a door-to-door engineer around July 20, 2017.

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

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 governing deposit certificate;

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 concerning the selection of punishment, the selection of imprisonment;

1. The act of lending a medium of access to the reasons for sentencing under Article 62(1) of the suspended sentence of the Criminal Act requires strict punishment as it can be used as a means of other crimes. The Defendant lent the instant access medium to the Defendant was also used for fraud crime.

However, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive for the crime, circumstances after the crime, etc., shall be determined as follows: (a) the defendant reflects the mistake; (b) the defendant has no criminal record of the same kind; (c) the defendant has not acquired any profit by committing the crime in this case; and (d) the defendant's age, sex, circumstances

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