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(영문) 인천지방법원 2018.07.18 2018고단3987
전자금융거래법위반등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. No person who violates the Electronic Financial Transactions Act shall transfer or take over any access medium unless otherwise specifically provided for in any other Act in using or managing the access medium;

On January 8, 2018, at around 14:00, the Defendant transferred a accessible medium by sending one physical card connected to the Defendant’s name to the bank account (D) in the name of the Defendant before the Defendant’s residence (Seoul-gu, Incheon-gu, and 402), and informing Kwikset of the password.

2. The Defendant: (a) knew at the time and place specified in the foregoing paragraph (1) above, that the check card in the account of the said bank was used for the commission of the telephone finance fraud group; (b) transferred the access medium to a person with a name and an influence; and (c) had the victim paid money to the said account when he/she deposited the money into the said account.

Accordingly, on January 8, 2018, a person in unsound will make a loan by misrepresenting himself/herself to the victim E by telephoneing to the victim E.

the same month by the injured party.

9. The sum of KRW 4,504,000 was deposited into the bank account under the above Defendant’s name.

Accordingly, even though the Defendant was aware that he would use the account in the name of the Defendant for the crime of fraud, the Defendant attempted to induce the victim to receive money by deceiving the victim by using a personal check card, etc. of the account opened in the name of the Defendant, as above, by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 49 (4) 1, Article 6 (3) 1 (a) of the Act on Electronic Financial Transactions and Transactions (a transfer of access media), Article 347 (1) and Article 32 (1) of the Criminal Act (a point of aiding and abetting fraud) regarding criminal facts, and the choice of imprisonment, respectively;

1. Article 32(2) of the Criminal Act mitigated for aiding and abetting, and Article 55(1)3 of the same Act

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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