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(영문) 의정부지방법원 2017.03.15 2016고단4177
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

No person shall borrow or lend an access medium while receiving, demanding or promising to receive, demand or promise any consideration in using or managing the access medium.

On April 5, 2016, the Defendant borrowed the e-mail card from a person who was in the name of the Defendant for three days and consented to KRW 2 million per each other, and the Defendant sent the e-mail card and the e-mail card related to the e-mail bank account in the name of the Defendant before the Defendant’s house at Namyang-si Co. 13 (B) 01, Namyang-si, the Defendant sent the e-mail card and the e-mail card related to the e-mail bank account in the name of the Defendant, using Kwikset.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. The application of a certificate of transfer confirmation, a statement of transaction by account, an application for subscription and a statement of transaction, etc., pictures of the city, an application for search and seizure warrant (applicable mutatis mutandis to the financial account), and reply statutes;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions with Respect to a crime;

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 suspension of execution (the following favorable circumstances):

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order is that the defendant promises to pay for the benefit of economic interest only and lends the check card, which is an access medium, to the crime liability.

In cases of transferring or lending access media, it is necessary to strictly punish such transfer or lending as not only impairing the reliability of the safety performance of electronic financial transactions, but also can be abused for other crimes, such as “scam,” and the actual fact that the access media leased by the Defendant was used for the crime of fraud, etc. is disadvantageous to the Defendant.

However, the defendant recognizes all his mistake and reflects it.

It seems that the actual criminal act did not take part in it.

After 203.

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