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(영문) 의정부지방법원 2017.10.16 2017고단3659
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for 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 borrow or lend any access medium used for electronic financial transactions while receiving, demanding or promising the consideration therefor.

Nevertheless, on December 28, 2016, the Defendant is expected to close the “C Company D,” and the credit card leasing process will run from a person who uses a “B” call number on December 28, 2016.

When the card is leased, it is intended to borrow the card after accumulating the results of the deposit and withdrawal by using the card.

After accepting the proposal “,” it was received, on December 29, 2016, from the F cafeteria in front of the F cafeteria located in Gyeonggi-si, Gyeonggi-do on December 10, 2016, the nameless Kwikset service article transferred the e-mail card and password connected to the national bank account (Account Number G) in the name of the Defendant.

Accordingly, the defendant promised to receive the price, and lent the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to H in the police statement protocol;

1. Application of each statute stated in the certificate of deposit confirmation and the details of transactions of deposit and withdrawal (No. 6 of the evidence list);

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Grounds for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act for the observation of protection and observation (the same shall not apply to a violation of the Electronic Financial Transactions Act)

The instant access medium transferred by the Defendant was actually used for the singishing crime, causing damage to KRW 8,110,950 (Evidence Record 8,14,32). If the Defendant did not transfer the access medium, such damage would not have occurred.

In addition, the defendant delivered a cash card and password to another person on October 24, 2013, and there is a record of being investigated (Evidence Record 118, 119 pages).

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