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(영문) 서울남부지방법원 2019.01.11 2018고단4251

전자금융거래법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Criminal facts

In using and managing the means of access to electronic financial transactions, no one shall borrow or lend a means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

The defendant will pay 400,000 won when he lends a cream card for 3 days from the person in bad name.

"Around 10:00 on April 29, 2018, at the convenience point of the defendant's house located in Geumcheon-gu Seoul Metropolitan Government, one check card connected to the account in the name of the defendant in the name of the defendant (Account Number: D) was issued to the non-resident by using the convenience point of the defendant's house located in Geumcheon-gu Seoul Metropolitan Government.

Accordingly, the defendant agreed to receive compensation and lent the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Details of the results of transfer;

1. Personal data on financial transaction information;

1. Application of Acts and subordinate statutes, such as letters;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

1. A fine of three million won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59(1) of the Criminal Act of the Suspension of Sentence (see, e.g., Article 59(1) of the Criminal Act (see, e.g., Supreme Court Decision 2007Da15548, Apr. 2, 2007) (see, 201; Supreme Court Decision 201Da11448, Apr. 1, 201);