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(영문) 춘천지방법원 강릉지원 2018.09.13 2018고단694

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 5, 2018, the Defendant was sentenced to imprisonment with prison labor for a violation of the Game Industry Promotion Act at the Gangnam Branch Branch of the Chuncheon District Court on April 5, 2018, and two years of suspended execution, and the said judgment became final and conclusive on April 13, 2018.

Criminal facts

Except as otherwise expressly provided for in any other Act, no person shall lend any means of using or managing an access medium with a promise to receive, demand or promise the consideration.

Nevertheless, on February 2018, the Defendant: (a) proposed that “the Defendant would give 300,000 won per day if he/she loans by creating a physical card with a limit of 6 million won which requires another person’s physical card due to the problem of the prohibition of withdrawal of profits from the company operating the car union; (b)” from a person without his/her name; (c) however, he/she could not open an access medium under his/her own name; (d) but he/she could not open an account under the name of the Defendant; (e) 300,000 won per day.

C After having the Saemaul Treasury (D) account to be opened in its name, the relevant account and check cards were transferred, and around that time, Kwikset rendered Kwikset service with a debit card and password, which is a medium of access to the account in the name of C in the vicinity of the above residence.

As a result, the defendant promised 300,000 won a day in return for the lending of access media to the name-free person.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of suspect examination by the prosecution against C;

1. Statement made by the police for E;

1. Details of transfer of damaged funds;

1. Details of account transactions in C, such as a written application for deposit transactions in C and written confirmation of purpose of financial transactions;

1. Previous convictions: Application of an inquiry inquiry letter, such as criminal history, investigation report (verification of relevant previous convictions, etc.), previous convictions and results of confirmation;

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. The community service order under Article 62-2 of the Criminal Act