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(영문) 수원지방법원 안산지원 2018.09.27 2018고단2495

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, no one shall lend any access medium while receiving, demanding or promising the consideration.

Nevertheless, on January 1, 2018, the Defendant received a proposal from a person in the name of the deceased to the effect that "on the face of a week from the account, 600,000 won per day, 60,000 won per day, 600,0000 won per day, 3th day, and 8 million won per day," and on the 17th day of the same month, the Defendant sent a physical card connected to the Defendant's Saemaeul Treasury Account (Account Number B) in front of the central station located in Ansan-si, the members of Ansan-si, whose name is in the name of the defendant, through Kwikset-si, and notified him of the password and the account number of the above account using telephone.

As a result, the Defendant promised to receive the electronic financial transaction access media in return for payment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on receipt of deposit in accounts;

1. Relevant Article of the Act and Articles 49 (4) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions in which criminal facts are subject to the option of punishment (to be sentenced to imprisonment in consideration of the fact that there is an enemy whose indictment is suspended for committing the same kind of crime, etc.);

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;