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(영문) 의정부지방법원 2018.04.06 2017고단5789
전자금융거래법위반
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.Provided, That the execution of the above sentence 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 transfer or take over any access medium or promise to receive any consideration in using or managing such medium, and lend or take over such access medium.

Nevertheless, on November 3, 2017, the Defendant listened to the phrase that he would give 30,000 won to a liquor company from a person without his name due to tax-related issues, lending 3,00,000 won to the account, and thought to acquire cash in the vicinity of the Defendant’s residence located in Skwicheon-si B, and issued Kwikset cards connected to the Agricultural Cooperative (C) account opened in the name of the Defendant in the name of the deceased via Kwikset’s service in the vicinity of the Defendant’s residence in Skwicheon-si.

As a result, the Defendant promised to pay for the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigative report (attached a response to a request for provision of financial information), investigative report (Attachment of CCTV images to withdrawn books), investigation report (application for a warrant of search and seizure), application for a warrant of search and seizure verification (application for a warrant of search and seizure of financial accounts), investigation report (Attachment of financial information data on the account of suspects A);

1. Application of Acts and subordinate statutes to a written statement of deposit transactions, notification of commencement of procedures for extinguishment of claims, and notification of suspension of payment;

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 concerning the selection of punishment, the selection of imprisonment;

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

1. The crime of this case on the grounds of 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 is a delivery of a physical card connected to the agricultural bank account under the name of the defendant to his/her name, and the transfer, storage, and storage of an access medium as a means of preventing various crimes, such as phishing, which have a great social harm, and illegal sports discussions.

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