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(영문) 창원지방법원 통영지원 2018.02.22 2017고단1705
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, in using and managing access media, lend the access media with the knowledge that such media will be used for crimes, unless otherwise expressly provided for in other Acts.

On February 8, 2015, the Defendant was investigated on the suspicion that he transferred a physical card connected to the bank account in the name of the Defendant in order to obtain a loan from the Defendant. Thus, the Defendant was aware that the physical card will be used for the crime when it was transferred to the nameless borrower.

Nevertheless, on October 24, 2016, the Defendant heard that “the need to obtain a loan” from a person in the name in the name in front of Samsung Heavy Industries, which was located in Pyeongtaek-dong, at the time of Skset on October 24, 2016, and sent a physical card connected to the Defendant’s new bank account (B) under the name of the Defendant, to the name in the name in the name of Kwikset Service.

Accordingly, the defendant was aware that he will be used in the crime, and the defendant used the access media to his name in the name.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. Details of account transactions and financial transaction information reply data;

1. Application of Acts and subordinate statutes on a petition;

1. Article 49 (4) 2 and Article 6 (3) 3 of the Electronic Financial Transactions Act concerning the facts constituting a crime, the selection of punishment for an optional sentence, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The act of lending an electronic financial transaction access medium to another person on the grounds of sentencing Article 62-2 of the Social Service Order Criminal Act can cause damage to many and unspecified persons as it can be used for a crime. In fact, the account connected to the Defendant’s leased access medium was used for fraud.

In addition, in 2015, the Defendant committed the instant crime even though he was able to have sufficiently known that there was a history of investigation by an investigative agency for the same type of crime.

However, it is against the defendant's recognition of the crime of this case, and other facts.

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