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(영문) 수원지방법원 안산지원 2018.05.23 2018고단1162
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

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.

In September 2017, the Defendant was in office in a liquor company, and there is a need to account in the name of an individual to reduce taxes.

On September 18, 2017, the proposal was received and consented to the payment of KRW 700,000 per page 1,000,000,000 to the account, and on September 18, 2017, the 405 office of the Dong Masan-ro, 196, as the center of the members of Ansan-si, Nan-si, the Hasan-si branch office located in the name of the defendant, to the Gyeongdong-dong Gyeongdong-gu, Daegu-gu branch office, and the password was sent to the Defendant’s post office account (C) by means of text message.

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 against D;

1. Application of Acts and subordinate statutes on trading;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on the Electronic Financial Transactions in the relevant Act concerning the facts constituting an offense (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 (the defendant has been sentenced to six times of a fine and has been damaged by the access media of this case, but has no same criminal record).

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