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(영문) 광주지방법원 2018.04.17 2018고단686
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

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

Nevertheless, the Defendant, upon receiving a proposal from a person in the name of the deceased, received the proposal, stating that “The Defendant would give three million won per week of lending the physical card,” and then, around October 25, 2017, sent a physical card connected to the Defendant’s new bank account (C) at the Defendant’s house located in Gwangju North-gu, Gwangju, to the name of the person in the name of the deceased and notified the password.

As a result, the defendant promised to receive compensation and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Inquiry of transaction details;

1. Application of text messages statutes;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected and Article 6 (3) 2 of the same Act (Selection of imprisonment);

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62 (1) of the Criminal Act on the grounds that the defendant approved the crime of this case and reflects his mistake, there is no record of punishment exceeding a fine, and the first punishment is imposed

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