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(영문) 광주지방법원 2018.07.20 2018고단1938

전자금융거래법위반

Text

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 any other Act, no person shall borrow or lend any access medium while receiving, demanding or promising to receive, demand or promise the consideration in using or managing any access medium of electronic financial transactions.

Nevertheless, on December 11, 2017, the Defendant would pay the face-to-face rent to the company of the principal, which is a logistics company, from the insular phone to the mobile phone.

“A person who receives a message to the effect that “ will pay KRW 7 million per month if he/she lends two accounts” in the name of the sender of the text message.

“The proposal was received and consented thereto.”

Accordingly, at around 15:00 on the same day, the Defendant, via Kwikset service article, sent two physical card numbers connected respectively to the company bank account (C) in the name of the Defendant and the Korean bank account (D). At around that time, the Defendant sent the password of each of the above accounts to Kwikset-si Stockholm.

Accordingly, the defendant promised to receive compensation, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of suspect interrogation of the accused by the prosecution (including attached materials);

1. Statement made by the police for E;

1. Application of a copy of a receipt for bank transactions;

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. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decisions 201Do1119, Jun. 1, 201