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(영문) 의정부지방법원 2018.05.15 2018고단219
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for 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, on August 16, 2017, the Defendant: (a) received letters from a person without his name, who gave 90,000 won a physical card, which is necessary for tax reduction from a liquor company for three days; (b) lent a medium of access to the account to acquire cash; and (c) sent a physical card connected to the bank account (B) opened in the name of the Defendant to a person without a name, who was on board a vehicle in the street near the Gangdong-gu Seoul Metropolitan Government Rock-dong around the same day; and (d) sent the password to the Kakao Stockholm.

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. Statement made by the police against C;

1. Attachment: Application of Acts and subordinate statutes on warrant of seizure and replies;

1. The applicable provision of Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts; the selection of imprisonment;

1. It is comprehensively taken into account the following circumstances: (a) that the physical card leased by the defendant for the reason of sentencing under Article 62(1) of the Criminal Act was used for fraud: (b) that the defendant had no criminal record for the same kind of crime; (c) that the defendant provided information on the number of vehicles between the defendants with the instant physical card and provided the police with information on the police; and (d) that the defendant reflect

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