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(영문) 수원지방법원 안산지원 2018.12.20 2018고단3555

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall lend any access medium while receiving, demanding or promising to receive any consideration, in using or managing an electronic card, electronic information equivalent thereto, certificate, password, or any other access medium used in electronic financial transactions.

On March 2018, the Defendant, who misrepresented as a staff member of the liquor company, would give three million won per physical card when sending an account or physical card to reduce liquor taxes of the company.

On March 23, 2018, after accepting the phone of "Ma," it sent three copies of the physical card by leaving the boxes and having them find their names through Kwikkset service. On March 23, 2018, he sent three copies of the physical card connected to the new bank account (D) account in the name of the defendant, one physical card connected to one bank account (E), one physical card connected to the City bank account (F), one check card connected to the City bank account (F), and three copies of the physical card.

Accordingly, the defendant lent access media used for electronic financial transactions while receiving, demanding, or promising compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application form and details of transactions, application form and details of transactions, application form for bank transactions, and details of transfer;

1. Application of Acts and subordinate statutes to the details of text messages received by the person under whose name the messages were received;

1. Article 49 (4) 2 and 6 of the Electronic Financial Transactions Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Based on the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act, the sentence shall be determined by comprehensively taking into account all the circumstances shown in the record including the circumstances below the following

A favorable normal situation: A confession, the circumstances under which there is no record of punishment for the same kind of crime: A considerable amount of consideration has been promised, and three or more card cards have been lent.