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(영문) 대전지방법원 2018.04.10 2018고단236

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six 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

Except as otherwise provided for in any other Act, no person shall borrow or lend any access medium with the intention of receiving, demanding or promising the use or management of the access medium.

Nevertheless, around 10:00 on October 19, 2017, the Defendant promised to receive KRW 700,000 per day in return for lending an account from a person in a false name, who misrepresented to the staff of a liquor company in the Defendant’s residence, at around 15:00 on the same day, and sent one check card connected to the one bank C account opened in the Defendant’s name through Kwikset service article at around 15:00 on the same day, and sent the password to mobile phone carox.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of statutes on details of transactions in one bank and Saemaul Treasury accounts;

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;

1. Suspension of execution, reflection of the reason for sentencing under Articles 62(1) and 62-2 of the Criminal Act, the fact that the account of this case was used for a separate crime, the circumstances of living are difficult, and there is no record of criminal punishment exceeding the fine, etc.