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(영문) 광주지방법원 2019.10.18 2019고단3281
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

No one shall lend a means of access necessary for electronic financial transactions while receiving, demanding or promising any consideration.

Nevertheless, at around 16:00 on March 27, 2019, the Defendant issued four copies of a total number of card linked to the new bank account under the name of the Defendant, i.e., one check connected to the new bank account under the name of the Defendant, one check connected to the new bank account, one check connected to the new bank account under the name of the Defendant, and one check card connected to the bank account under the name of the Defendant.

Accordingly, the Defendant promised to pay and lent the means of access necessary for electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The content of conversation, etc.;

1. Application of Acts and subordinate statutes on account transactions;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The sentence like the disposition is imposed in consideration of the following factors: (a) there is no previous conviction on the grounds of sentencing under Article 62(1) of the Criminal Act; (b) the fact that the number of times of lending the means of access was limited to one occasion; and (c) there is no actual benefit from the lending; and (d) the Defendant’s age, character and conduct, family environment, motive and circumstance of the crime; and (c) the circumstances after the crime, etc.

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