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(영문) 의정부지방법원 2017.07.17 2017고단2386

전자금융거래법위반등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person who violates the Electronic Financial Transactions Act shall borrow or lend any access medium, or store, deliver or distribute such medium with the knowledge that such medium is to be used for a crime or to be used for such crime in using or managing access medium for electronic financial transactions, unless otherwise provided for in any other Act;

Nevertheless, the Defendant, on January 9, 2017, sent a e-mail card to the Defendant’s name bank account (B) through Kwikset service article in front of 101, where he had known that he could use the e-mail card on a e-mail, rather than a normal loan method, even though he had known that he could use the e-mail card on a e-mail basis. However, on January 9, 2017, the Defendant had a e-mail card connected to the Defendant’s name bank account (B) through Kwikset service article in front of 101.

As a result, the Defendant lent access media with the knowledge that it will be used for a crime or used for a crime.

2. On January 10, 2017, the Defendant embezzled the victim’s property by using the Internet banking in order to use approximately KRW 98,000 among the remaining money for the victim when the victim C deposited KRW 7 million in the above national bank account, and then withdrawing approximately KRW 6 million out of the money. On the same day, the Defendant embezzled the victim’s property by transferring KRW 98,000 among them to the company bank account (D) in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C by the police in the protocol; and

1. Application of the Acts and subordinate statutes stated in an investigation report (Attachment of materials responding to financial transactions);

1. Article 49 (4) 2, Article 6 (3) 3 (a) of the Act on Electronic Financial Transactions and Transactions (a point of lending access media) regarding criminal facts, Article 355 (1) of the Criminal Act (a point of embezzlement).