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(영문) 수원지방법원 안산지원 2018.09.14 2018고단2278

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts and subordinate statutes, no person shall borrow or lend any access medium used in electronic financial transactions while receiving, demanding or promising the consideration therefor.

Nevertheless, on March 27, 2018, the Defendant would have the Defendant borrowed money from a name-free person who sent the Defendant’s mobile phone text message “on the face of sending the check card, the Defendant would repeatedly create a transaction performance and repeatedly create credit.”

“After receiving and consenting to the proposal, at around 17:30 on March 27, 2018, the Defendant visited Kwikset service article to receive the physical card in front of the construction site at which the Defendant was working, “,” and then sent the card to the name-oriented person via Kwikset service article, one page of the C Card connected to the National Bank Account (Account Number: C) in the name of the Defendant, and the password to the Kakao Stockholm message.

As a result, the Defendant promised to pay credit rating through false deposit collection transactions in return for the intangible expected interest of future loans, and lent the access media used in electronic financial transactions to the name in the name of the accused.

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 on transactions of deposits and withdrawal;

1. Relevant Article of the Act and Articles 49 (4) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions through which criminal facts are applicable and Articles 49 (4) 2 and 6 (3) of the Act on Electronic Financial Transactions through which criminal facts are selected (the selection of imprisonment, the fact that the access media leased by the defendant was abused for committing Bosing fraud, and the same type of punishment records

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (i.e., reflectiveness and no record of punishment exceeding a fine) or more;