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(영문) 인천지방법원 부천지원 2018.08.10 2018고단1224

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four 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

No person shall lend any access medium while receiving, demanding or promising to receive compensation.

On November 28, 2017, at around 13:00, the Defendant lent physical cards, etc. on the street in front of the tin Jeju High School located in Jeju Jeju Jeju High School, the Defendant provided a personal compromise in the name of the Defendant on the condition that a total of nine million won (three million won per account) was issued for each of the two accounts (Account Number B and C) and one account of the National Bank (Account Number: D) and lent the electronic financial transaction access media through Kwikset service.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Account transactions;

1. The financial transaction of the national bank itself;

1. Application of the Acts and subordinate statutes to the Director General of the Korea Development Bank;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act include: (a) the Defendant recognized the instant crime; (b) the Defendant transferred the account for the purpose of acquiring monetary benefits; (c) the Defendant’s lending account was actually used for the criminal act of licensing; (d) the Defendant has been subject to criminal punishment several times; and (e) the Defendant’s age, sexual conduct; (c) the motive leading to the instant crime; (d) the motive leading to the instant crime; and (e) the method of committing the crime; and (e) the circumstances after the crime, etc.