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(영문) 춘천지방법원 원주지원 2017.06.26 2017고단427
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

No one shall borrow or lend any access medium, or store, deliver or distribute any access medium while receiving, demanding or promising to receive any consideration in using or managing the access medium.

Nevertheless, on December 2, 2016, the Defendant sent the name in the name in the name in the name in the name in the name in which the Defendant came to know the physical card and password connected to the company bank account (B) in the name of the Defendant at the office of the five-story Ra, Han-dong, Gangwon-si, Gangwon-si, Gangwon-do, Gangwon-do, a level of KRW 11:00 on December 2, 2016, under the condition that the Defendant receives three million won for two months.

On the one hand, Kwikset Service C was replaced by a way of sending it to Kwikseter C.

Accordingly, the defendant provided access media to others in return for the promise of compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. 이체 확인 증, 은행 거래서, 고객 기본정보 조회, 걔 좌 별거래 명세표 법령의 적용

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 access media of this case, in fact, leased by the Defendant for the reason of sentencing under Article 62(1) of the Act on the Suspension of Execution of the Criminal Procedure (the following circumstances favorable to sentencing), was actually used for licensing crimes.

Considering the purpose of the law in order to prevent financial fraud by strictly punishing the act of transferring or lending the access media, it is necessary to strictly ask the accused to commit the crime.

However, the defendant has no record of being punished as a crime of the same kind, confessions a crime, and repents a mistake.

In addition, the sentence shall be determined as ordered in consideration of the sentencing conditions shown in the records, such as the defendant's age, sex, and environment.

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