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(영문) 의정부지방법원 2018.05.18 2018고단731

전자금융거래법위반

Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

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 keep, deliver or distribute such medium, with respect to the use and management of any access medium.

Nevertheless, on November 22, 2017, the Defendant is acting as an agent in charge of alcoholic beverages E in the name of the person in charge of alcoholic beverages from the person who is not the name of the person in charge of alcoholic beverages in the presence of the person

Since taxes are often borne by liquor companies, individuals' accounts are used.

The proposal was accepted by the account lending 2 million won on the face of the account, and it was dried through Kwikset delivery with 1 head and password connected to the new bank account under the name of the accused to the name in the name of the accused.

As a result, the Defendant promised to pay the price and lent the access media to financial institutions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Report on internal investigation (the result of execution of a warrant of seizure);

1. Data on replies to transactions A by a new bank;

1. Application of text messages statutes;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act concerning the selection of punishment, the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. is to deliver a physical card and password connected to the account under the name of the defendant to a person who is not his name. Since the crime of this case is being committed by transferring, keeping, and delivering the access media as a means of preventing various crimes, such as scaming, which currently has a great social harm, and illegal sports discussions, the crime of this case is heavy, and the crime of this case is actually committed. In fact, the physical card issued by the crime of this case was used as a means of scishing and the investigation of the crime of this case was initiated.

another.