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(영문) 창원지방법원 2017.09.14 2017고단2400
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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 expressly provided for in any other Act and subordinate statutes, no one shall transfer any access medium, receive any consideration, lend or lend any access medium, etc. to a financial institution, which is used to issue a transaction instruction in electronic financial transactions or to guarantee the authenticity and accuracy of the details of transactions with users and financial institutions.

Nevertheless, on April 19, 2017, the Defendant received a proposal from a person who was in the name of the company of alcoholic beverages to offer a loan fee of KRW 3 million per month if he/she sent the physical card to him/her, and then delivered the physical card and password connected to his/her name to his/her Saemaul Bank account (Account Number: B) through Kwikset service article before the second factory of the original Chang-Skset Industries, which is located on April 20, 2017, No. 115-ro 115-gil, Kim Jong-si, Kim Jong-si, Kim Jong-si, Gyeong-si, 2017.

Accordingly, the defendant agreed to receive compensation and lent an access medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes of a transfer confirmation certificate;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the following conditions favorable to the sentencing)

1. Sentencing criteria;

2. The access media of this case leased by the Defendant was actually used for licensing crimes.

Considering the purpose of the law in order to prevent additional crimes by strictly punishing the act of transferring or lending the access media, it is necessary to strictly ask the accused to be responsible for the crime.

However, considering the fact that the defendant confessions the crime and repents his mistake, there is no record of punishment exceeding the fine, and the sentencing conditions indicated in the record, such as the age, sex, environment, etc. of the defendant.

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