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(영문) 의정부지방법원 2016.09.28 2016고단2621
전자금융거래법위반
Text

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

However, the execution of the above punishment 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 lend or lend any access medium while receiving, demanding or promising the consideration.

On March 16, 2016, the Defendant: (a) sent a check card from an account in the name of another person to an account in the name of another person; (b) sent money from a Chinese Internet website company to another person’s account; and (c) transferred money from the Defendant’s account in the name of another person. The Defendant acquired 5% of the money as a fee and transferred the money to the remaining account in the name of the Defendant.

5th day of the day, “it is allowed to be employed at the head office located in the city of Jeoncheon-si,” and accepted it, and thereafter, the bus drivers sent two physical card related to the Defendant’s name-based company bank account and agricultural cooperative account to the Dong-gu Seoul Special Metropolitan City, Gwangjin-gu, Seoul Special Metropolitan City, by sending two physical card related to the Defendant’s name-based bank account and agricultural cooperative account to the bus drivers at the bus terminal located in the Dong-gu Seoul Special Metropolitan City.

Accordingly, the defendant committed an act of lending access media upon receiving a promise of compensation.

Summary of Evidence

1. Defendant’s legal statement

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

1. Report on internal investigation of each written statement B, C, and D (the submission of a detailed statement of transfer and the results of further inquiry);

1. Reporting of cybercrime, the application of relevant data, replies to warrants, door-to-door photographs, and the application of applicable Acts and subordinate statutes;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions with Respect to a crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc., the Defendant, for his/her own economic interest, took two heads of physical cards, which are accessible media, to his/her name in lieu of identity. Such loans are highly likely to be used for so-called “singing crimes,” and the Defendant actually lent them.

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