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(영문) 춘천지방법원 2018.03.14 2018고단41

전자금융거래법위반

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment 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 expressly provided for in any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, with the intention of receiving, demanding or promising the payment thereof.

Nevertheless, the defendant borrowed a physical card from a person whose name is unknown and agreed to do so by 3 million won in the month of January.

Accordingly, on June 5, 2017, around 12:00, the Defendant provided Kwikset with the physical card of the Defendant’s name account (B) and the post office account (C) in front of the post office in Chuncheon master’s degree of 39,000, the Defendant provided it to the above person in distress through Kwikset’s service.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written petition of D;

1. Application of Acts and subordinate statutes to certificates of deposit transaction records and inquiries about details of financial transactions;

1. Articles 49 (4) and 29 (3) 2 and 6 (3) 2 of the Act on the Electronic Financial Transactions in relation to 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, as in the instant case, is that the distributed access media is used as the means of the so-called Bosing crime or the means of delivering illegal Internet gambling money, and each account transferred by the Defendant was used for the so-called Bosing crime, and the Defendant was aware that the access media transferred was used for the illegal act, and the Defendant was aware that it would be used for the illegal act, and the Defendant was subject to criminal punishment for committing a crime of the same kind committed prior to the instant crime (the notice of imprisonment and fine was made after the instant crime).

However, the defendant is not a party.