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(영문) 수원지방법원 여주지원 2016.11.02 2016고단491

전자금융거래법위반

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A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

No person shall borrow or lend a means of access in receiving, demanding or promising any compensation.

Nevertheless, around December 21, 2015, the Defendant: (a) received a telephone from a person who was not the name of the deceased, that “the head of the Tong who is operating the auction site, and the head of the Tong who is in need of keeping the company funds. When lending cash cards and passwords between one month, the Defendant would have to take KRW 3.2 million,” and agreed to send cash cards under the above conditions, and then, (b) lent the cash cards, passwords, etc. of the No.C. (Account Number: C) account opened in the name of the Defendant through an article of KTtel services in the Yang-si Yang-si Yang-si Yang-si, Yangyang-si, Yangyang-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A criminal investigation report (Attachment to a detailed statement of transfer of damage amount);

1. Application of the Agricultural Cooperative Finance Information Act;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Taking into account circumstances in which there exists no record of punishment for the same kind of crime);