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(영문) 의정부지방법원 2018.01.22 2017고단5478
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 provided for in other Acts, no one shall lend any access medium with the receipt, request or promise of compensation in using and managing the access medium.

Nevertheless, on June 2017, the defendant needs to save tax, etc. from the person who was missing in his name in the middle of 2017.

It shall be 1.5 million won per head of the Tong.

“On receipt of the text message “,” and around that time, at a flat terminal located in the 54-ro of the office of Gyeonggi-gu, Gyeonggi-do, the center of Gyeonggi-do, through an express bus, one copy of the passbook of the name of the Defendant’s bank account (Account Number B) and one copy of the physical card connected to the said account.

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 to C by the police in the protocol; and

1. Application of relevant Acts and subordinate statutes to inquire about certificates of deposit transactions and personal information of customers;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

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. Reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection (the same shall not apply to the violation of the Electronic Financial Transactions Act)

The Defendant’s access media was actually used for phishing crimes (Evidence Nos. 6, 9, 27 pages). If the Defendant did not lend the access media, no erroneous person would have become the victim of financial fraud.

Therefore, the defendant will be sentenced to imprisonment.

However, there are only one media that the defendant is against the confession of the crime, that there is no criminal record of the same kind of crime or of the suspended execution, and that it has lent.

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