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(영문) 광주지방법원 순천지원 2018.12.07 2018고단1817
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for three months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall knowingly use in a crime, borrow or lend any access medium, or store, deliver, or distribute any access medium.

On June 2018, the Defendant is obliged to receive a loan from a person who is not aware of his/her name at a place where it is unknown.

and send a teck card to create the details of the entry fee.

(C) received the phone called “...............

On April 21, 2015, the Defendant: (a) received a phone call from the Defendant to send a physical card to lend a loan; and (b) transferred the physical card, etc. under his/her name; (c) through a police investigation, he/she became aware that the physical card transferred by the Defendant was used for the commission of phishing; and (d) on June 2018, the Defendant sent a physical card to use the phone call received from a non-personal person for phishing.

In this case, it was well known that he should not deliver his check card.

Nevertheless, on June 7, 2018, the Defendant issued a physical card connected to the Defendant’s post account (C) which is an electronic financial transaction access medium at the convenience store located in Young-si, the wife population B.

As such, the Defendant knowingly delivered a medium of access to electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A certificate of transfer confirmation;

1. One copy of inquiries into details of financial transactions and details of transactions;

1. Application of the provisions of 2015 punishment No. 42994, a copy of the decision on non-prosecution, and one written opinion, to the Seoul Southern District Prosecutors' Office;

1. Article 49 (4) 2 of the relevant Act and Article 49 (3) 3 of the Electronic Financial Transactions Act concerning facts constituting an offense, the selection of imprisonment, and the selection of a sentence;

1. The fact that the access media delivered by the defendant for the reason of sentencing under the main sentence of Article 62(1) of the Criminal Act was used for the crime of Bosing fraud, etc. is not a criminal record against the defendant, the fact that there is no criminal record against the defendant, and the defendant reflects the error.

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