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(영문) 인천지방법원 2018.06.04 2018고단1639
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

Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium while receiving, demanding or promising to receive, demand or promise to use or manage the access medium.

Nevertheless, on August 14, 2017, the Defendant would pay KRW 3 million per page 1,000,000,000 to the Defendant from the name influor (one name “B”) via the Kakakao Stockholm (hereinafter “Kakao”).

On the same day, after receiving the proposal to the effect that “,” the Defendant’s residence, sent a physical card (D) connected to the new bank account (D) held in the name of the Defendant to the above person with Kwikset’s service, and notified the password of the said account using the Kakao Stockholm.

Accordingly, the defendant promised to receive the price and lent the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Data on financial replies (No. 9 No. 1 of the evidence list);

1. Application of the Kakao Stockholm Acts and subordinate statutes

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act for the observation and observation of protection;

1. On January 20, 2016, the reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on the Protection, Observation, etc., was that Defendant was sentenced to a suspended sentence of six months for a violation of the Electronic Financial Transactions Act, and was sentenced to a suspended sentence of two years for a violation of the Electronic Financial Transactions Act, and the said judgment became final and conclusive at around that time, again committed the same kind of crime

However, there are only one leased access medium, and the defendant's victim E of electronic financial fraud using the above access medium is believed not to have the defendant want to be punished.

In the above circumstances, the motive, background, means, and consequence of the instant crime.

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