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(영문) 서울중앙지방법원 2018.04.11 2018고단341
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

No person shall lend an access medium while demanding, demanding or promising the consideration in using and managing the access medium.

Nevertheless, around 17:00 on October 30, 2017, the Defendant borrowed an account to be used for the purpose of opening and withdrawing a sports soil in front of Gwanak-gu in Seoul Special Metropolitan City, from his name-free person, to “on the face of lending the account to be used for operating a sports soil, KRW 4 million per account,” and issued to Kwikset service employee who sent the check to the account of our bank (Account Number C) with the name of the Defendant’s name-free person, and notified him of the password’s password to the name-free person.

As a result, the Defendant promised the acceptance of the consideration and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Inquiries about personal information of customers and the application of statutes governing certificates of deposit transactions;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act concerning the selection of punishment, the selection of imprisonment;

1. A normal condition favorable to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution: The defendant is led to his confession and reflects on the crime of this case, and the primary offender is disadvantageous: The defendant's age, sex, occupation, environment, motive and consequence of the crime of this case, and various conditions of sentencing as shown in the trial process, including the circumstances after the crime, should be taken into consideration.

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