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(영문) 수원지방법원 2018.04.18 2018고단395

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for not less than two months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium while receiving, demanding or promising to receive, demand or promise to use or manage the access medium.

Nevertheless, around 14:00 on December 4, 2017, the Defendant promised to receive KRW 2720, and KRW 3,000,000 in return for lending an account from a person in the name in the name of the trade company in return for a daily account from a person in the name of the company who assumes the position of the employee of the trade company, and lent the access media by promising Kwikset service article to show the name in the name of the defendant through Kwikset service article, while promising to receive the account number and password by telephone to receive the price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of details of transactions, seizure warrant and reply statutes;

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. On the grounds of sentencing under Article 62(1) of the Criminal Act, the crime of transferring accessible media under the Electronic Financial Transactions Act for the reason of sentencing under the suspended execution becomes a means to facilitate other crimes committed against many and unspecified persons, such as Bosing, and considering the fact that the Cze card offered by the Defendant was used for the criminal act of licensing, the fact that the Defendant’s mistake is against the Defendant, and the first offender, etc.