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(영문) 수원지방법원 안양지원 2018.06.28 2018고단510

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for not less than three 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

No person shall borrow or lend any access medium while receiving, demanding or promising compensation, or lend or lend any access medium with the knowledge that it will be used for a crime.

Nevertheless, on March 2017, 2017, the Defendant sent a e-mail card to a liquor company through nameless and cell phone Kakaoo Stockholm conversation at the Hacheon-si's residence, the Defendant would have to obtain tax reduction and exemption by using the e-mail card.

It was promised that the Cze Card will be used for 7 to 10 days on the face of lending, and 3.1 million won on the face of lending.

On March 31, 2017, the Defendant: (a) sent the physical check of the post office account (F) in the name of the Defendant to the above person via a door-to-door dispatch officer who received a request from the above person without his/her name; and (b) notified the nameless person of the above physical check number by telephone call.

As a result, the defendant promised to receive compensation and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. Application of Acts and subordinate statutes on account transactions and details of deposit transactions;

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

1. Article 62 (1) of the Criminal Act (i.e., reflective points);