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(영문) 의정부지방법원 2017.11.27 2017고단4468
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for 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

Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium with the receipt, request or promise of compensation in using and managing the access medium.

Nevertheless, on February 2017, the Defendant would pay for 2 to 3% of the amount deposited on the face of the account lending from the account because the account needs to be opened due to the value-added problem in operating shopping mall by telephone from the person who was in the name of the middle police officer.

Upon receipt of the proposal "," on February 23, 2017, Kwikset service provider, prior to the Kwikset-si's branch office in Jinyang-si, Jinyang-si, Jinyang-si, Kwikset-si, issued one copy of the physical card connected to the post office account (B) in the name of the defendant.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C by the police in the protocol; and

1. Application of each statute on details of transactions and account data, personal information provision, and inquiries about details of financial transactions;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection (the same shall not apply to the violation of the Electronic Financial Transactions Act)

The Defendant’s access media was actually used for singishing crimes (Evidence 7, 16, 42 pages). If the Defendant did not lend the access media, there was no error in people who would have become the victim of financial fraud.

Therefore, the defendant will be sentenced to imprisonment.

However, the fact that the defendant is against the confession of the crime, is the same as that of the defendant.

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