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(영문) 인천지방법원 2018.09.13 2018고단5031
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than five 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 other Acts, no person shall lend or lend any access medium, or store, deliver or distribute it with the knowledge that such medium is to be used for a crime or to be used for such crime.

On November 26, 2008, the Defendant knew on the charge of violating the Electronic Financial Transactions Act at the Seoul Northern District Court (Seoul Northern District Court) that the e-mail card, etc. transferred to another person may be used for a crime. However, on February 2018, the Defendant would create a e-mail passbook where the e-mail card and the OTP card were transferred from a person who was not his/her name.

The proposal received and accepted the proposal, and around February 26, 2018, the Jung-gu Incheon, Jung-gu, Incheon, sent one head of the physical card connected to the Agricultural Cooperative Account (B) under the name of the defendant and one of the OTP card to the non-resident.

Accordingly, the defendant was aware that he will be used in the crime and lent a approaching medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on trading;

1. Relevant legal provisions concerning criminal facts, Articles 49 (4) 2 and 6 (3) 3 of the Act on Electronic Financial Transactions in the Selection of Punishment, and the choice of imprisonment (the second damage of Bosing ice ice ice ice ice ice ices only for the conditions delivered by the defendant to the organization, and the possession of the same kind of power);

1. Article 62 (1) of the Criminal Act on the stay of execution (the need for treatment within society);

1. Article 62-2 of the Criminal Act regarding community service order (the prevention of recidivism and the necessity of improving character and behavior);

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