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(영문) 의정부지방법원 2017.01.13 2016고단5345
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On August 21, 2016, at around 17:35, the Defendant reported a notice on “ through-house rental Alba,” on the Internet, and sought to lease two passbooks from a person who uses “C” under the name of the Kaka A Aka app user.

Part II of the Tong 200,000 won per day

The trading period is two months.

“On August 22, 2016, at around 16:40, on the street in front of the exit No. 924 Suwon-si, the number was written in two physical cards connected to the Defendant’s name bank account (D) and the post office account (E). The number was written on August 22, 2016.

Accordingly, the Defendant promised to pay for, lent the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. The authenticity and statement of the F;

1. Application of statutes on enforcement data;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. On the ground of sentencing under Article 62(1) of the Criminal Act of the suspended sentence, the Defendant’s liability for the crime is not provided in light of the following: (a) the physical card leased by the Defendant through the instant crime was actually used for the phishing fraud; and (b) the amount of damage caused by the said fraudulent crime is a large amount.

However, in full view of the various circumstances, such as the confession and reflection of the instant crime, the fact that the Defendant has no record of being punished for the same kind of crime, the Defendant’s age, sexual conduct, the process and motive leading to the instant crime, and the circumstances before and after the instant crime, etc., and the conditions for sentencing as shown in the records and arguments, the punishment shall be determined as ordered.

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