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(영문) 서울서부지방법원 2018.10.05 2018고단22
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

No person shall lend any access medium while receiving, demanding or promising to receive compensation.

Nevertheless, around August 5, 2015, the Defendant promised to receive KRW 40-500,000 in return for the lending of the Cock Card from the Defendant’s office located in Bupyeong-gu Incheon Metropolitan City, Incheon, to receive KRW 40-50,00 in return for the lending of the Cock Card for the daily day from the Defendant’s office, and issued a copy of the Cock Card (C) to the Defendant’s name in connection with the above account through Kwikset service article, and notified the above Cock Card’s password.

As a result, the defendant promised to receive compensation and lent an access medium to a name-free person.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Application of the statutes on search and seizure inspection warrant and reply;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. It shall take into account the fact that a person has been punished for the same kind of crime for sentencing under Article 62-2 of the Social Service Order Criminal Act, but has committed a second offense, and that there are many records of punishment for fraud, etc.

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