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(영문) 창원지방법원 통영지원 2016.11.18 2016고단1487
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall lend a means of access while demanding, demanding or promising compensation.

Nevertheless, around June 14, 2016, the Defendant received a proposal that “The Defendant will pay KRW 600,000 won per bank account in the face of lending the account,” from a person who has no personal name in front of the No. 55-2 and 2776 unit in Gangwon-do, and sent the physical card to a person who has no personal name via a taxi in the name of the Defendant’s name by inserting three copies of the No. 3 card in the No. 3 of the Agricultural Cooperative Account (Account Number B), the post account (Account Number: C), and the new bank account (Account Number: D).

Accordingly, the defendant would receive compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on account transactions;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 of the Electronic Financial Transactions Act and Article 6 (3) 2 of the same Act concerning the selection of punishment;

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

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (i.e., the first offender and the fact that the defendant is against his/her will) or more;

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