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(영문) 인천지방법원 2018.12.20 2018고단7535
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than two 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

No one shall borrow or lend any access medium, or store, deliver or distribute any access medium, while receiving, demanding or promising to receive any consideration in using or managing the access medium.

Nevertheless, the Defendant, on April 18, 2018, issued a proposal to the effect that “I will offer KRW 100,000 won per week by opening a corporate passbook instead of a corporate passbook,” and opened an account under the name of a stock company B and agreed to receive money after delivering the related documents from the non-member. On April 18, 2018, the Defendant visited a new bank account under the name of a stock company B and opened a new bank account under the name of a stock company B, and then sent the passbook, cash card, and an OPT card to the non-member.

As a result, the Defendant promised to deliver to others access media used to give transaction instructions in electronic financial transactions or to secure the authenticity and accuracy of users and transaction contents.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. A petition or a reply to financial data;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act, the selection of imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Article 62 (1) of the Criminal Act);

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