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(영문) 수원지방법원 안산지원 2018.05.29 2018고단1146
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than two months.

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, while receiving, demanding or promising to receive, demand or promise any compensation.

Nevertheless, at around 15:48 on November 3, 2017, the Defendant: (a) received a copy of the physical card linked to AE’s Account (Account Number: AF) and the National Bank Account (Account Number:AG) from AE in front of the 113-dong, Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul Metropolitan Government, at around 16:30 on the same day after receiving a copy of the physical card connected to AE’s Account; and (b) received 10,000 won in consideration of the fact.

Accordingly, the defendant received the price and delivered the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol and investigation report (the tracking of a suspected suspect who has received access media from the injured party);

1. Application of CCTV photographs and investigation reports ( telephone conversations with a witness AH)-related statutes;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions (a point of delivery of access media) concerning the facts constituting an offense under the relevant Article of the Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The delivery of a medium of access to the reasons for sentencing selective sentencing of imprisonment with prison labor is a systematic fraud crime, and it is inevitable to punish a large number of victims.

In this case, the defendant delivered the access media to the defendant, resulting in the victim and the damage was not restored.

However, the defendant was detained in this court on November 24, 2017 due to the delivery of a separate access medium, and was sentenced to six months of imprisonment on May 1, 2018 (the period during which the appeal is pending) and was detained for six months until the detention is revoked at that time, and the order is issued in consideration of the circumstances in which there was no other criminal history, other than the past punished by a fine for fraud, and no other criminal history exists.

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