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(영문) 인천지방법원 2018.06.26 2018고단3972
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall transfer or take over any access medium in using or managing the access medium, or borrow or lease any access medium with the knowledge that it will be used for a crime.

Nevertheless, on January 8, 2018, the Defendant, through Kwikset Service Articles, issued a copy of the C-C Card to the account of a national bank (Account Number D) in the name of the Defendant to the non-party in the name of the Defendant, with the knowledge that it may be used for the phishing crime in front of the “C” in Kimpo-si, Kimpo-si.

Accordingly, the Defendant, while knowing that it will be used in the above crime, lent a approaching medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol (including attached documents) by the police for E;

1. Application of Acts and subordinate statutes as a result of a search warrant or reply;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 3 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 (limited to one time the past record of the disposition of the same kind, but considering that the defendant is against himself and has no previous record of the punishment);

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