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(영문) 의정부지방법원 2018.07.19 2018고단2356

전자금융거래법위반

Text

A defendant shall be punished by imprisonment with prison labor 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

Except as otherwise provided for in any other Act, no person shall lend or lend any access medium with the receipt of, demand for, or promise to provide compensation in the course of using and managing the access medium.

Defendant at around 14:13 on March 12, 2018, the logistics support team of the original importer C (State) at around 14:13.

Since it seems that the company handles imported raw materials, the government is leased with the Cze Card to receive customs benefits.

It is difficult to pay KRW 3 million on the day.

“To receive the text message “”.

On March 13, 2018, through Kwikset service articles, the Defendant sent one copy of the physical card connected to the KEB bank account (F) under the name of the Defendant’s husband to the non-consigner in his own house D and 302.

Accordingly, the defendant agreed to receive compensation and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police interrogation protocol regarding E;

1. G statements;

1. A certificate of transfer confirmation and a detailed statement of transactions;

1. Application of statutes governing text messages;

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 reason for sentencing under Article 62(1) of the Criminal Act is that the punishment of the crime in the instant case is not minor in light of the content and result of the crime.

However, the defendant shows his attitude to see and reflect his mistake.

There is no record of criminal punishment against the defendant.

In addition, the punishment shall be determined by comprehensively taking into account the various circumstances shown in the arguments in this case, such as the defendant's age, sex, environment, motive and background leading to the crime, and circumstances before and after the crime.