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(영문) 의정부지방법원 2017.11.29 2017고단3760

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 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, around 16:00 on April 25, 2017, the Defendant promised to receive KRW 2,00,000,000 per month from a person who was not his name, before Gangnam-gu Seoul, Gangnam-gu, Seoul, to deliver the physical card connected to the post office account (D) in the name of the Defendant through Kwikset.

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

Summary of Evidence

1. The legal statement of the defendant;

1. Application of statutes on the details of transactions in post office accounts under A;

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, the selection of imprisonment with prison labor;

1. Taking into account the following factors: Article 62(1) of the Act on the Suspension of Execution does not have the same criminal records for the reason of sentencing; Article 62(1) of the Act on the Suspension of Execution; Article 62(1) of the Act on the Punishment