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(영문) 의정부지방법원 2017.09.13 2017고단3178
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

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, on January 25, 2016, the Defendant received a phone call from the deceased and the Defendant agreed to deliver a e-mail card (C) connected to the Defendant’s new bank account (C) via Kwikset service article in front of the 19:00 south-si, Namyang-si, the 19:00 on the same day to receive KRW 3 million in return.

As a result, the Defendant promised to pay for, lent one copy of the Cze Card, which is an access medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes on the account transfer of the damaged amount, the detailed statement of account transfer, and the Kakao Stockholm conversation submitted by victims

1. Relevant Article of the Act and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions (or choice of imprisonment with labor);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order (unspecified of sentencing guidelines) is that the Defendant promised to pay for the benefit of economic interest only and lent the check card, which is an access medium, is not somewhat minor.

When lending an access medium, it is necessary to strictly punish it as being abused for other crimes, such as “singing,” as well as undermining the reliability of the safety performance of electronic financial transactions. In fact, the fact that the access medium leased by the Defendant was used for the crime of licensing and causing damage is disadvantageous to the Defendant.

However, the defendant's mistake is recognized and depthed.

The actual fraud was not involved in the crime of this case, and there is no benefit from the crime of this case.

There is no record of the same crime, and after 1996.

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