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(영문) 전주지방법원 정읍지원 2018.11.27 2018고단343
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the defendant shall be sentenced to the above punishment for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

No person shall lend or receive a lease of, keep, deliver or distribute any electronic financial transaction access medium issued by a financial institution while receiving, demanding or promising to pay the price therefor.

Nevertheless, on January 2018, the Defendant should keep the transaction records by leaving credit rating from a person in a false name who assumes the position of a lending company from a person who assumes the position of a lending company, and send a check card.

(C) On January 2018, 2018, Kakao Stockholm issued a letter to the purport that “the Defendant sent a physical card connected to the Defendant’s name C account in the Sin-dong post office, Sin-Eup, Sin-dong, Sin-dong, Sin-si, by inserting a house to the Defendant’s name in the door-to-door box box, and then sent a password via the Kakao

As a result, the Defendant promised to obtain intangible expected profits that can receive a future loan by raising credit rating through the details of false deposit and withdrawal transactions, and lent a medium of access for electronic financial transactions to a name-free person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Data to be submitted to victims - Details of transactions;

1. Application of statutes on the details of transactions in the name of the recipient;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The instant crime on the ground of sentencing under Article 62-2 of the Social Service Order Criminal Act was committed by transferring an access medium that can be used for committing a crime that causes a large number of unspecified victims, such as the crime of phishing fraud, which causes a lot of social problems, and the nature of the crime is not good. In fact, the instant crime was committed by deceiving a large amount of victims using the access medium that the Defendant transferred.

The defendant, in 2011, was using the Cze Card for the phishing fraud crime and was sentenced to suspension of indictment.

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