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(영문) 의정부지방법원 2017.12.21 2017고단3282
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

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, with the intention of receiving, demanding or promising the payment thereof.

Nevertheless, on January 2017, the Defendant promised to receive KRW 3.4 million from a person who was unaware of his name in front of the National Bank in the Namyang-si, Namyang-si, Seoyang-do, to deliver a copy of the physical card connected to the National Bank Account (C) in the name of the Defendant to a person who was in distress through Kwikset.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A certificate of deposit and details of transactions;

1. A reply to a request for financial transaction information and a statement of customer information;

1. Application of Acts and subordinate statutes on account transactions in a national bank under A;

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, the selection of imprisonment with prison labor;

1. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act is against the defendant's wrongness through confinement life, and consideration of the fact that on December 12, 2017 after the conclusion of pleadings, the defendant paid KRW 1 million to D who suffered from the damage of phishing crime due to the cke card transferred by the defendant on December 12, 2017, and D wishes not to be punished against the defendant, and D wanted to have the wife, and the defendant did not have the same criminal record.

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