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(영문) 의정부지방법원 2018.06.08 2018고단1328
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

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, while receiving, demanding or promising to receive, demand or promise any compensation.

1. On February 23, 2018, around 15:00, the Defendant accepted the proposal that “the head of a liquor company, who is a liquor company, will lend a physical card, will give KRW 3 million to a liquor company.” On February 23, 2018, the Defendant sent the physical card and one head of the physical card connected to the credit union account (D) in the name of the Defendant and the password to Kwikset delivery.

As a result, the Defendant promised to pay the price and lent the access media to financial institutions.

2. On February 26, 2018, around 16:00, the Defendant sent to the Defendant, in front of the Defendant’s residence located in Spocheon-si C, with the name-free cards and re-issuances after obtaining the same.

In other words, after accepting the proposal, the Cze Card, linked to the above Swikset Account under the Defendant’s name, was re-issued with the head of Cze Card and the password, through Kwikset Delivery.

As a result, the Defendant promised to pay the price and lent the access media to financial institutions.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Investigative reports (related to attaching text messages) and text messages;

1. Investigation reports (related to the attachment of photographs of cards seized by suspects E);

1. Application of the statutes on seizure records and the list of seizure lists;

1. Relevant Article 49 of the Act and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the facts constituting an offense, and the choice of imprisonment, respectively;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. The reason for 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 (not setting the sentencing criteria) is the instant crime.

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