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(영문) 광주지방법원 2018.11.22 2018고단4154
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 lend any electronic card used to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of the details of such transactions with users and other access media, such as a password, necessary for the use of such card, and information thereon, upon receipt of consideration, request or promise.

Nevertheless, on March 1, 2018, the Defendant received a proposal to the effect that “I need to lock money from money in money exchange, I wish to offer KRW 1 million per share of each share of the account by lending the account.” On April 10, 2018, the Defendant sent the Defendant’s name to the 401 Dong-gu, Gwangju Northerndong-dong Preamdong-dong, and around April 10, 201, at least 401 Dong-dong, the Defendant’s name was changed through Kwikkset service to those who are in the name of the Defendant.

As a result, the Defendant used the electronic financial transaction in return for payment, demand, or promise.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

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. 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 stipulated in Article 51 of the Criminal Act, such as the defendant's confession of the crime and reflects the mistake, the defendant has no record of the same crime, the defendant was unable to obtain benefits from the crime of this case, and the defendant's age, sexual conduct, environment, motive for the crime, circumstances after the crime, etc. specified in the arguments of this case, shall be determined as ordered by considering the following factors.

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