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(영문) 수원지방법원 안산지원 2019.01.24 2018고단4176

전자금융거래법위반

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In using and managing the means of access, no one may borrow or lend the means of access while receiving any consideration, unless otherwise specifically provided for in other Acts, or deliver the means of access.

On August 25, 2018, the Defendant accepted a proposal that “If taxes are too high to operate a liquor company and it is lent for 3.5 million won per head, 3.5 million won per head,” and accepted it on August 29, 2018, at around 13:00, the Defendant sent the e-mail card connected to the Do bank account (E) in the name of the Defendant in front of C at around August 29, 2018, and the password of the account was F.

Accordingly, the Defendant promised to pay and lent the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Application of statutes on financial transaction information;

1. Relevant Article 49 (4) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense and Articles 6 (3) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions;

1. It is so decided as per Disposition by the court below on the ground that Article 62 (1) of the Criminal Act of the suspended execution (the defendant committed the crime of this case even though he was indicted of indictment for the same crime, he committed the crime of this case, but the defendant is against himself and the defendant seems to have been unable to withdraw money deposited in the borrowed account and thus the damage is likely to be recovered) is higher than that of the Criminal