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(영문) 인천지방법원 부천지원 2019.09.06 2019고단1921
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, 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

In using and managing the means of access, no one shall deliver the means of access by accepting, demanding or promising any compensation, unless otherwise specifically provided for in other Acts.

Nevertheless, around June 2017, the Defendant reported an advertisement to offer money in return for the opening of a passbook at the Aarba-related Internet site, and decided to do this work by communicating the name-oriented party.

1. Around June 7, 2017, the Defendant: (a) around June 7, 2017, at the CFD branch of the CFD branch of the KFD branch of the KFD branch of the KFD branch of the GFD branch of the KFD branch of the GFD branch of the GFD branch of the GFD branch of the GFDB; (b) submitted documents related to the KWDDDD corporation, which was sent by the KFD branch to KV and submitted them to the KV employees; and (c) received the passbook and

Accordingly, the defendant delivered the means of access while receiving compensation.

2. On June 12, 2017, the Defendant: (a) around June 12, 2017, at G Bank located in Suwon-si, and (b) submitted to the bank staff documents related to H corporation H corporation, which sent the name in Kwikset service and submitted them to the bank staff; (c) opened the G Bank account in the Kwikset Bank Co., Ltd. (I) and issued the passbook and the OTP card, and received KRW 100,000 as soon as the Defendant received payment.

Accordingly, the defendant delivered the means of access while receiving compensation.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Written petition by J;

1. Personal information inquiry, written application for bank transactions, details of transactions, written application for new transactions, and details of deposit and withdrawal transactions;

1. Application of Acts and subordinate statutes to the remittance certificate and the results of transfer settlement;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Social service order under the Criminal Act;

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