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(영문) 인천지방법원 2018.09.07 2018고단5245
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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

On July 6, 2018, the Defendant was sentenced to a suspended sentence of three years on July 14, 2018 for attempted robbery at the Incheon District Court, and the judgment became final and conclusive on July 14, 2018.

No one shall borrow or lend any access medium, or store, deliver or distribute any access medium, while receiving, demanding or promising to receive any consideration in using or managing the access medium.

Nevertheless, on September 4, 2017, the Defendant was called to the effect that “the head of the B team, who is the head of the B team, would pay a fee of 14% of the deposit amount per week by lending the account,” and agreed to receive money. On the same day, the Defendant sent the physical card connected to the post office account (E) in the name of the Defendant before the “D” located in the Northern-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu.

As a result, the Defendant promised to give instructions in electronic financial transactions or to offer access media used to ensure the authenticity and accuracy of the contents of transactions with users and users.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Details of deposits and replies to financial transaction information;

1. Previous convictions in judgment: Application of Acts and subordinate statutes of investigation report (Attachment of judgment);

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution of the Criminal Procedure is transferred by the defendant to a person who has no name, for the purpose of receiving compensation. The crime of this case is highly likely to be used for another crime with great social harm, such as singing, etc., by the access media.

In fact, the physical card lent by the defendant was used for fraud crime.

The defendant has been deposited into his own account.

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