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(영문) 인천지방법원 부천지원 2018.07.12 2018고단1328

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for not less than eight 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 means of access for electronic financial transactions in the course of promising the price therefor.

Nevertheless, on April 13, 2017, the Defendant accepted a proposal to the effect that “The Defendant would have an account holder with no name borrowed from 50-650,000 won during one month from the date of lending the account.” From April 13, 2017 to April 19 of the same month, the Defendant sent an apartment mail in the name of the Defendant’s bank account and a check card linked to the Defendant’s bank account (C) and delivered the said name to the Nonparty.

As a result, the Defendant promised to pay for the access media for electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of a suspect of the police against D, E, F, G, H, I, J, or K;

1. Report on internal investigation (former Internet search), report on internal investigation (A transaction details), and report on internal investigation (verification of personal information of depositors without passbook);

1. Details of transactions of deposits and withdrawal, and account transactions;

1. Egypties of the oral search;

1. Details of each e-mail sending signals, and the details of each Kakao Stockholm message;

1. Application of the Acts and subordinate statutes governing the graduation from which Kakao Stockholm was sent, and the forged graduation certificate;

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 unfavorable circumstances for sentencing under Article 62-2 of the Social Service Order Criminal Act: The defendant transferred the access medium with the promise of consideration; the nature of the crime was not good; the access medium provided by the defendant was used for a graduate certificate, a false certificate; the defendant did not take any measures for the long time; the defendant was well aware that the access medium in this case was used for an illegal day; and the defendant was well aware that it was used for an illegal day, and there was no record of punishment for the same kind of crime.