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(영문) 청주지방법원 2018.04.19 2017고단2112
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[2017 Height 2112] No person shall borrow or lend any approaching medium or store, deliver or distribute any approaching medium while receiving, demanding or promising a consideration.

Nevertheless, around June 12, 2017, the Defendant promised to receive three million won per month from the person in non-exploited in the name of the Defendant before the convenience store in B, and promised to receive three million won per month from the person in the name of the Defendant, and sent to Kwikseter service articles who sent the name of the non-exploited person, one physical card connected to the name of the Defendant’s new cooperation account, and notified the person in the name of the non-exploited person of the password’s password

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

[2018 Height 32] No person shall transfer or acquire access media.

Nevertheless, at around November 14:23, 2016, the Defendant agreed to receive 10% of the amount deposited in the account from a person in the name in the name in the name in the middle of 102 as the bankruptcy of Gangnam-gu, Seoul, as the bankruptcy of Gangnam-gu, to receive 10% of the amount deposited in the account in return for the use of the account from the person in the name in the name in the name in the name in the name in the name in the name in the name of the Defendant, and notified the password of the above physical card to the employees in the name in the name in the name in the name in the name of the Defendant.

Accordingly, the defendant transferred the access media to the defendant.

Summary of Evidence

[2017 Highest 2112]

1. Statement by the defendant in court;

1. E statements;

1. A trading statement;

1. Application form for new transactions (2018 high group 32);

1. Statement by the defendant in court;

1. A protocol on the examination of the suspect against the defendant (including the Kakao Stockholm dialogue attached thereto);

1. Application of Acts and subordinate statutes to internal investigation reports (the 64th, 71th page of investigation records), and photographs of A Hyup Account;

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

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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