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(영문) 의정부지방법원 2018.02.14 2017고단5688
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

Except as otherwise expressly provided for in other Acts, no person shall transfer or take over any access medium, or lend or take over any access medium in return for promising to receive any consideration.

Nevertheless, the Defendant, on October 30, 2017, lent an account from a person in the name of the Defendant for about 3 days on a three-day basis, sent the access medium to the account to acquire the cash by lending it. On the same day, the Defendant sent Kwikset Card connected to the Saemaul Cooperative Account (B) opened in the name of the Defendant in the name of the Defendant, and the physical card linked to the Credit Cooperative Account (C) opened in the name of the Defendant in the name of the Defendant, and notified Kwikset of the password’s password message and the password to the Defendant.

As a result, the Defendant promised to pay for the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each written statement of D;

1. Investigation report (request for provision of communications data and request for a warrant of search and inspection);

1. Application of the Acts and subordinate statutes governing the receipt of transfer confirmation, the closure of a neons conversation, and the Saemaul Treasury replys;

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 each sentence of imprisonment with labor;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes (non-establishment of sentencing guidelines) is that the Defendant lent a physical card, etc., which is an access medium to the name in order to economic interest, to the non-person. The above lending media such as the physical card, etc. is highly likely to be used for the so-called “singing crime,” and in fact, the physical card is used for the singing crime. In light of the above, the Defendant is liable for the crime.

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