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(영문) 수원지방법원 안산지원 2018.10.25 2018고단2759

전자금융거래법위반

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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 other Acts and subordinate statutes, no person may borrow or lend any access medium used in electronic financial transactions at the same time as it receives, demands, or promises to receive, the consideration. However, on December 6, 2017, the Defendant accepted the proposal that “the Defendant would pay KRW 3 million in return for lending the e-mail card between one month and one month,” which was linked to the e-mail account in the name of the Defendant, using the e-mail card (B) connected to the e-mail account in the name of the Defendant at the e-mail of the same month, and sent it to the designated address by the above e-mail message.

As above, Defendant 1 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 C;

1. Application of Acts and subordinate statutes on account transactions;

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, the selection of imprisonment with prison labor;

1. Article 62(1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62(1) of the Criminal Act (see, e., Supreme Court Decision 2006Da1548, Apr. 1,