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(영문) 의정부지방법원 고양지원 2017.06.23 2017고단1502

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 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 March 7, 2017, the Defendant issued two physical cards related to Kwikkset’s account (B) and our bank account (C) in order to receive KRW 1 million per account in return for lending the physical card from a person in a name-free position in front of the 87 Korean bank set up in order to the end of the 14:30 on March 7, 2017.

As a result, the Defendant promised to pay the price, and lent the access media to the name influence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. An investigation report (the details of bankbooks and the submission of diagnosis documents to the Korean bank);

1. Application of reply statutes to requests for financial transaction details;

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

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

1. Selection of imprisonment with prison labor chosen;

1. There is no previous conviction for the reason of sentencing under Article 62(1) of the Act on the Suspension of Execution, the account leased has been used for actual crimes, the fact that there is no benefit that the Defendant actually acquired, the fact that there is no good health condition, and other various conditions of sentencing as shown in the argument of the instant case, including the Defendant’s age, sex, environment, motive, means and consequence of the crime, etc.