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(영문) 의정부지방법원 2018.04.11 2017고단5618
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 other Acts, no person shall transfer or take over any access medium, or lend or take over any access medium in return for promising to receive any consideration.

Nevertheless, on September 13, 2017, the Defendant immediately lent an account from a person without his/her name to a third-day person, with the word 3 million won per account, lent an access medium to the account to acquire cash, and sent a check card linked to the company's bank account (D) opened in the name of the Defendant through Kwikset-si's Logistics Center at the same time and around the same day, and sent it to the company's bank account (D) established in the name of the Defendant through Kwikset-si.

As a result, the Defendant promised to pay for the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on response by banks;

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 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 (in the case of this case, a sentencing guideline is not set) is that the Defendant lent a physical card, which is an access medium, in return for payment. Such an access medium lending act may not only impair the credibility of the safety performance of electronic financial transactions, but also be abused for other crimes such as “scaming, etc.” Therefore, it is necessary to strictly punish the act

However, the fact that the defendant recognized his mistake and reflects his depth, there is no record of criminal punishment that is punished for the same kind of crime or exceeds the fine, and the defendant seems to have no profit acquired from the crime of this case.

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