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(영문) 수원지방법원 여주지원 2017.06.21 2017고단56

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On July 2016, the Defendant agreed to receive a written message from a person in a name in the name of the Defendant that “on the face of lending an account used because of tax issues, the Defendant would make a payment for 10% of the deposit amount.” On the other hand, the Defendant sent a physical card linked to the Defendant’s name bank account (C) via Kwikset’s Kwi’s service.

Accordingly, the defendant promised to receive compensation and lent the access media of electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to investigation reports (report on the results of execution of a warrant of search and seizure);

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 suspended execution (Taking into account the details of the instant crime and the criminal records of the Defendant);