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(영문) 의정부지방법원 2017.09.12 2017고단1895
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four 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 any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, with the intention of receiving, demanding or promising the payment thereof.

Nevertheless, on September 26, 2016, the Defendant promised to receive KRW 300,000 to KRW 6 million per week from a person who has no name from a post office in Pyeongtaek-si, Namyang-si, to lend an account from a person who is not his name, and delivered a copy of the physical card connected to the account (B) of the Defendant’s name bank to a person who is not his name, through Kwikset Service.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of statutes, such as official receipts, details of account transactions in the name of the defendant, etc.;

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. The fact that the physical card leased by the defendant for the reason of sentencing under Article 62(1) of the suspended execution of the Criminal Act was used for committing the Internet fraud: Provided, That the damage amount is not significant to 462,50 won, there are several criminal records for the defendant, but there are no criminal records for the same kind of crime, and considering the fact that the defendant approved the crime and reflected it;

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