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(영문) 의정부지방법원 2018.02.14 2017고단5161

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 expressly provided for in other Acts, no person shall transfer or take over any access medium, or lease or take over any access medium in return for promising to receive any consideration.

Nevertheless, on August 5, 2017, when the Defendant transferred the account from a person without his name, he received letters of KRW 700,000 per month from the person without his name, lent a medium of access to the account to acquire cash. On the same day, in the vicinity of the subway error in Guro-gu Seoul Metropolitan City, the Defendant provided Kwikset with the physical card connected to the Japanese bank account (B) opened in the name of the Defendant to the person without name in the name of the Defendant.

As a result, the Defendant promised to pay for the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes on bank account replies in the name of A, A, E.S. (SC) to the contents of the Stockholm conversation and the details of remittance of damage remittance;

1. Relevant legal provisions and Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning the facts constituting an offense (or choice of imprisonment);

1. The reason for sentencing under Article 62(1)(a)(a) of the Act on the Suspension of Execution of the Criminal Procedure (not setting the sentencing guidelines) is that the Defendant lent a physical card, which is an access medium to his name in order to his own economic interest, to the person in whose name the Defendant lent the physical card, and the above lending media is highly likely to be used for the so-called “scaming crime” and in fact, the above physical card was used for the crime of Boscing. In light of the fact that the Defendant’s criminal liability is not easy.

However, the defendant recognized his mistake and is in profoundly against himself.

There seems to be no benefit accrued from the crime of this case.

Until now there is no past history of criminal punishment.

The defendant's age, the environment, and the like.