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(영문) 수원지방법원 평택지원 2017.01.05 2016고단2545
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four 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

No person shall borrow or lend any access medium with the knowledge that such medium will be used for a crime.

On March 24, 2016, the Defendant consented to the proposal that "on March 24, 2016, the Defendant will pay five percent of the transferred amount if he/she sent the passbook and the check card in the name of the party because there is a large amount of money transferred one day from his/her name in the mobile phone," and sent the name of the above non-indicted via one copy of the passbook (Account Number: B) of the national bank in the name of the Defendant and one copy of the passbook (Account Number: C) connected thereto, and one check of the physical card connected thereto.

Accordingly, the defendant knew that he will be used in the crime, and delivered the access media.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes of D and E;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Determination on the application of sentencing criteria under Article 62 (1) of the Criminal Act: It shall not be applicable;

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