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(영문) 수원지방법원 안산지원 2019.01.24 2018고단4172
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall lend, deliver, keep or distribute a means of access used for electronic financial transactions while promising the receipt of consideration.

Nevertheless, around August 17, 2018, the Defendant received a proposal from a person who was unable to obtain the name, that “if he lends the Hawn's Card about to reduce taxes, he will give three million won per unit.” In response, at around 17:00 on the same day, he sent one wn't card connected to the D bank account (E) account in the name of the Defendant in front of the building B in Silung-si, 17:00 on the same day.

Accordingly, the Defendant promised to receive compensation and lent the means of access to others.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes to a written confirmation of electronic financial transfer;

1. Relevant Article 49 (4) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense and Articles 6 (3) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions;

1. It shall be decided as ordered for the reason that the suspended execution is not less than Article 62(1) of the Criminal Act (a favorable circumstance, such as the fact that there is no force to punish, in addition to half and one fine);

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