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(영문) 의정부지방법원 2017.05.12 2017고단1023
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

No person shall lend a e-mail card, etc. which is an access medium of electronic finance while receiving, demanding or promising any consideration.

Nevertheless, the Defendant received KRW 100,000 per day from a person in the name of the deceased and intended to receive and deliver a card to a third party as instructed by the person in the name of the deceased. On June 15, 2016, around 12:10, the Defendant received and sent the card to the third party, and around 7:00, around 15, 201, e.g., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e.,

Accordingly, the defendant delivered two physical cards, which are access media, to receive compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against G, C, and E;

1. Application of the Acts and subordinate statutes to a copy of investigation report and a door-to-door order;

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. In light of the fact that the Defendant’s reasons for sentencing selective sentence of imprisonment with prison labor is expected to pay monetary consideration and the access media that delivered name to the person in a name is a serious social issue, there is a need to strictly punish the Defendant in light of the fact that the Defendant actually used to commit the phishing fraud.

However, in full view of the following circumstances: (a) the Defendant led to the instant crime; (b) the Defendant could have been tried simultaneously with the Defendant’s instant case No. 2489 at the High Court Order 2016, the Defendant’s age, sexual conduct; (c) the background and motive leading to the instant crime; and (d) the circumstances before and after the instant crime, etc., the sentencing conditions specified in the records and arguments, including the circumstances before and after the instant crime, shall be determined as per Disposition

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