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(영문) 의정부지방법원 2018.11.21 2018고단4049
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall borrow or lend any access medium, or store, deliver or distribute it while receiving, demanding or promising to receive any consideration.

Nevertheless, on April 3, 2018, the Defendant is a sports earth company, and if our business account needs to be lent to Korea, it will give three million won in return.

“In receipt of the proposal, consent thereto was given, and the physical card connected to the Defendant’s name bank account (B) was issued to Kwikset through Kwikset’s service, and sent the password of the said account to the name in Kakao Stockholm.

Accordingly, the defendant committed the act of lending the approaching media while promising the price.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. A musical record photograph;

1. A statement of inquiry of customer information and a statement of transactions of entry and departure;

1. Application of the Kakao Stockholm Acts and subordinate statutes

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act, the selection of imprisonment with prison labor;

1. The act of lending a medium of access to the reasons for sentencing under Article 62(1) of the Criminal Act requires strict consideration, given that the access medium is often used for phishing crimes.

The instant physical cards, etc. were also used for the crimes of Bosing.

The Defendant was unaware of the fact that the Cze Card, etc. of this case was used for the phishing crime.

Even if prior to the example, it seems that the illegality and risk of these acts were clearly recognized because of the fact that he was investigated by the investigative agency by taking over the access media.

However, there is no criminal history against the defendant.

In addition, the defendant's age, sex, environment, motive and background leading to the crime of this case, means and results thereof, and other circumstances before and after the crime of this case.

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