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(영문) 의정부지방법원 2017.09.05 2017고단2379
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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, on August 2016, the Defendant promised to receive 1.8 million won from a post office in front of the post office and his name in front of the government unit of the Dong-dong, Dong-si, Government-si, to receive 1.8 million won, and delivered a copy of the physical card connected to the Defendant’s family bank account in the name of his father B through Kwikset Service.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes, such as a copy of a certificate of deposit verification, and details of transactions throughout the National Bank;

1. The applicable provision of Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts; the selection of imprisonment;

1. The check card of the defendant lent to the reason for sentencing under Article 62(1) of the Criminal Act was used for the Internet fraud crime: Provided, That the fact that the defendant has no record of criminal punishment, and the fact that the defendant is contrary to the recognition of the crime;

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