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(영문) 서울서부지방법원 2018.11.23 2018고단3296

전자금융거래법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

No person shall borrow or lend any access medium in receiving, demanding or promising any consideration in using or managing access medium required for electronic financial transactions.

Nevertheless, on May 23, 2018, the Defendant received a proposal from a person who was in the name of the defendant to the effect that "on the three-day basis, if he/she lends the Postal Card for tax reduction or exemption, he/she will offer KRW 3 million." On the same day, around 16:00 on the same day, he/she sent a kwikseter card connected to the Defendant's name-based bank account (Account Number: C) through Kwikseter's news service in front of Eunpyeong-gu Seoul, and lent the access media by informing the person who was in the name of the above kwikseter of the identification number of the Kakao Stockholm.

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 to the written confirmation of transfer transactions and details of financial transaction replies;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

1. Penalty fine of 2,00,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act (see, e.g., Article 59 (1) of the Suspension of Sentence; Article 59 (1) of the Criminal Act (see, e.g., Supreme Court Decision 20