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(영문) 의정부지방법원 2017.01.09 2016고단4617

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 August 1, 2016, the Defendant promised to receive KRW 1,500,000 per month a physical card linked to the account opened in the name of the Defendant on the front side of the Gangwon-gun, Gangwon-do, and reported to the name-free person via the Defendant’s name-based bank physical card (Account Number C) and one new bank bank physical card (Account Number D).

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. A written petition;

1. A trading statement;

1. Data respectively from the national bank and the Korean bank;

1. Application of Acts and subordinate statutes on account transactions;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning the crime, the selection of punishment for the selective punishment, Articles 49 (4) 1 and 6 (3) 1 of the same Act, and the selection of imprisonment;

1. In light of the fact that the access media that transferred to the instant crime on the grounds of sentencing under Article 62(1) of the Criminal Act can be used for other crimes, such as scaming, etc., such crimes need to be punished, so it is inevitable to punish such crimes.

However, considering the fact that the defendant is against himself and there is no previous conviction, the execution is suspended.

In addition, the sentencing conditions that are disadvantageous to the defendant, such as the age, sex, and circumstances after the crime, shall be considered, and the punishment shall be determined as per the order.

It is so decided as per Disposition for the above reasons.