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(영문) 수원지방법원 안산지원 2018.08.30 2018고단1853
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, the Defendant is the head of the C Company B, “B,” from the name influence (one name) who had contacted the Defendant with his/her cell phone around December 15, 2017.

In order to reduce fees incurred in transferring money to domestic and foreign countries in the exchange exhibition, a check card is necessary.

On December 18, 2017, after receiving the proposal that "I will pay 450,000 won a day in consideration of the lending," the head of the e-mail card, which is linked to the community credit cooperative account (D) in the name of the above company's employee, was informed through the Kakao Stockholm.

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 for E;

1. Application of Acts and subordinate statutes to the transactions statement of the Saemaul Treasury;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (i.e., reflective points and no record of punishment exceeding the fine).

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