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(영문) 수원지방법원 2018.04.26 2018고단1436
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise provided for in other Acts, no person shall transfer or take over any access medium in using and managing the access medium.

On September 9, 2017, the Defendant: (a) obtained additional loans from Suwon-si C; and (b) did not specify the transfer price; (c) accordingly, the Defendant revised the facts charged in accordance with the Defendant’s statement to the investigative agency.

Defendant

The name was sent by Kwikset using Kwikset Service to a person who is not aware of his/her name, and the account number and password were notified by telephone.

Accordingly, the defendant transferred the access media to the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol of the police statement to E (second time);

1. Application of Acts and subordinate statutes of a post office reply;

1. Article 49 (4) 1, Article 6 (3) 1, and Article 2 subparagraph 10 of the Act on Electronic Financial Transactions, the selection of punishment for an offense, and the selection of imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The access media leased by the Defendant for the reason of sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection and Observation, etc. of Social Service Order was actually used for the criminal act of Bosing, thereby causing the third victim.

In 2015, the Defendant transferred the access media to a third party under the same name, and actually used it for the phishing crime. However, even in this case, even though it was sufficiently known that the transfer of the access media was likely to be used for the phishing crime, the Defendant lent the passbook to the third party for the benefit of the snow in obtaining additional loans, thereby disturbing the order of financial transactions.

Although the defendant is a crime of different species, he/she has been subject to a fine of six times or more.

Although the Defendant had to take into account the possibility of being used in the crime, etc., the Defendant was still suspended from payment, the name of the Defendant is unknown.

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