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(영문) 춘천지방법원 원주지원 2018.04.25 2018고단77

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four months.

However, the defendant shall be sentenced to the above punishment for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. In using and managing access media on November 21, 2017, no person shall receive, demand, or promise to receive, lend, keep, deliver, or distribute any access medium;

On November 21, 2017, the Defendant received a mobile phone advertising message, which is an access medium from a person who is not his/her name, to pay the price. On November 21, 2017, at the C Company's office located in Gangwon-si, Gangwon-si, the Defendant used 2.1 billion won per day, on condition that he/she receives 2.1 million won per day the e-mail card from the company bank account in the name of the Defendant, 1 e-mail card in the name of the Defendant, 1 e-mail card in the name of the agricultural bank account in the name of the Defendant, 1 e-mail card in the name of the Defendant, and 1 e-mail card in the name of the Defendant.

Accordingly, the defendant provided access media to others in return for the promise of compensation.

2. In using and managing access media on November 23, 2017, no person shall borrow or lend, keep, deliver or distribute any access medium while receiving, demanding or promising compensation.

On November 23, 2017, the Defendant received text messages on mobile phone advertising that he would pay the price if he borrowed the e-mail card, which is an access medium from his name in mind. On November 23, 2017, the Defendant used the e-mail card of 1 e-mail card in the name of the Defendant and e-mail card of e-mail card (G) in the name of the Defendant and e-mail card of e-mail card (H) in the name of the Defendant, on condition that he receives 1.4 million won per day from the e-mail card in the name of the Defendant.

Accordingly, the defendant provided access media to others in return for the promise of compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to I;

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