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(영문) 의정부지방법원 2017.05.11 2017고단290

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

On July 20, 2016, the Defendant would pay KRW 3,200,00 if he/she borrowed one account from his/her name in front of the Mart, 2016, in front of the Mart, 200, where the Government of the Republic of Korea is located.

“Along with a story,” one copy of the post office account (C) in the Defendant’s name was issued to Kwikset through Kwikset’s service.

As a result, the Defendant lent the access media while receiving, demanding, or promising the access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of reply statutes to requests for the provision of financial transaction information;

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 reasoning for sentencing under Article 62(1) of the suspended sentence under the Criminal Act refers to the following facts: (a) the Defendant is not liable for the Defendant due to the actual occurrence of the phishing crime using the bank account transferred by the Defendant; (b) the Defendant acknowledged the facts charged but argued that the Defendant was not paid KRW 3.2 million as he was the victim; and (c) the Defendant was punished twice due to the Defendant’s registration of lending business, etc. and the violation of the Financial Users Protection Act; and (d) five previous offenses are determined as indicated in the disposition.