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(영문) 춘천지방법원 원주지원 2018.11.07 2018고단882

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall borrow or lend any access medium, or store, deliver or distribute any access medium, while receiving, demanding or promising to receive any consideration in using or managing the access medium.

Nevertheless, at around 15:00 on June 18, 2018, the Defendant lent two copies of the physical card to the Saemaul Bank Account (D) in the name of the Defendant in the name of the deceased, and received KRW 800,000 per each card on the condition that he/she borrowed two copies of the physical card connected to the same name and received KRW 80,000 per each card.

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 F and G;

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

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

1. Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act provides that there are circumstances unfavorable to the defendant, such as the nature of the crime and the result thereof, in light of the method and consequence thereof, etc., and that there is no criminal conviction against the defendant, and that the defendant does not have any criminal conviction, and that the defendant has a depth of his mistake, and all other circumstances, such as the motive and circumstances of each of the crimes in this case, the defendant'