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(영문) 수원지방법원 안산지원 2018.06.14 2018고단1172
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts and subordinate statutes, no person shall borrow or lend any access medium used in electronic financial transactions while receiving, demanding or promising the consideration therefor.

Nevertheless, on May 9, 2017, the Defendant needs to provide a card or passbook in relation to taxes from the nameless (one name B) who had contacted the Defendant with his/her cell phone around May 9, 2017.

The card shall be lent three million won per share and shall be returned after three months.

“On May 10, 2017, the proposal was received and accepted, and then sent a physical card No. 612-dong 504, which was linked to the national bank account (D) account in the name of the Defendant at the Gyeonggi-si, Gyeonggi-do, 612-dong 504, and a physical card No. 1 and a physical card No. 1 connected to the SC Japan bank account (E) and each of the above accounts were sent to the books owned by Kwikset service article.

As a result, the Defendant promised to pay for the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment to a statement of transfer by financial institutions);

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. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;

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