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(영문) 의정부지방법원 2017.12.07 2017고단4181
전자금융거래법위반
Text

A defendant shall be punished by imprisonment 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

No person shall lend any access medium to financial institutions while receiving, demanding or promising to receive compensation.

Nevertheless, around July 20, 2017, the Defendant, in front of Geumcheon-gu Seoul Metropolitan Government, gave 20 to 30,00 won per head of the week a week the e-mail card is lent from a person who is not his name.

“The” accepted the proposal and accepted it, and on the same day, sent one e-mail card connected to the Defendant’s bank account (D) via Kwikset Service Articles, and, on the following day, sent one e-mail card connected to the Defendant’s name bank account (E) to the non-party, and lent an access medium for electronic financial transactions while promising compensation by delivering one e-mail card to the non-party’s name.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Details of transactions, photographs, and written provision of financial transaction information;

1. Details of Kakao Stockholm dialogue;

1. Application of a copy of a bankbook to the National Bank;

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. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act is among the crimes committed by the Defendant by transferring the physical card two times, but considering the following: (a) the Defendant is in profoundly against his wrongness; (b) the North Korean resident who escaped from North Korea has committed a crime due to our legal system and social circumstances; and (c) the Defendant appears to be economically lacking.

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