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(영문) 대구지방법원 경주지원 2016.08.18 2015고단742
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, no person shall lend any access medium with the receipt, request or promise of compensation.

Nevertheless, on May 20, 2015, the Defendant received 3 million won a monthly rent from the front side of the apartment building of the business building in North Korea, the gold-si, 386, from the name of the Defendant, and lent the passbook, physical card, and password from the new bank account (B) in the name of the Defendant via Kwikset Service (one named “C”), and on May 22, 2015, the Defendant received 3 million won from the above person in the name of the Defendant to the business bank account in the name of the Defendant and lent the access media.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. Application of Acts and subordinate statutes to a petition, three certificates of deposit confirmation, one copy of inquiry of transaction details, one copy of account separate statement of transaction details, and one investigation report (A with telephone communications);

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. Article 62 (1) of the Criminal Act on the stay of execution ( Various extenuating circumstances, such as the fact that the criminal defendant is divided into his/her misconduct and has no record of committing a crime against the criminal defendant);

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