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(영문) 청주지방법원 2018.03.22 2016고단2822

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall lend or lend any access medium, or store, deliver or distribute such medium, while receiving, requesting or promising any consideration, in using or managing any access medium, such as user number, registered with a financial company or an electronic financial business entity.

Nevertheless, on March 2016, the Defendant, who became aware of the fact that he had been making a mobile game “micker,” which was a mobile game at the Seocho-si, was 5% of the amount deposited in the said account from the wounded (one person B) who lent the Defendant’s name to the said account.

“In receipt of the proposal, “A” notified the victim of the new bank account number (C) in the name of the defendant, and, in return, received KRW 5,150,000 from the recipient of the proposal, lent a medium of access while receiving the consideration.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Inquiries about applications for membership and details of transactions;

1. Application of Acts and subordinate statutes to a criminal investigation report (verification of the details of remitting the amount of damage to each account);

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 concerning the selection of punishment, the selection of imprisonment;