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(영문) 수원지방법원 여주지원 2017.09.20 2017고단925
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise provided for in any other Act, no person shall lend any access medium to another person for the use and management of an electronic financial transaction access medium in return for promising to receive such consideration.

Nevertheless, on February 20, 2017, the Defendant received a proposal from a person without his name, stating that “The Defendant will give 4,200,000 won per day per week per week from the face-to-face card to the company operating the sports soil,” and around November 1, 200 of the same month, around 11:00 of the same month, the Defendant lent the access media in return for the Defendant’s name to the needy through Kwikset’s Saemaul Savings Bank Account (B), which was linked to the Defendant’s Saemaeul Bank Account in the name of the Defendant at around 102, around 10:0 of the same month.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Reports on internal investigation (attached to information on account customers and details of transactions on deposit and withdrawal);

1. Application of Acts and subordinate statutes governing deposit verification;

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 Suspension of Execution ( comprehensively taking into account the favorable circumstances, such as the circumstances in which the access media leased by the defendant was used for the criminal act of licensing, and the circumstances in which there was no record of punishment heavier than that of a fine, etc.);

1. The community service order under Article 62-2 of the Criminal Act;

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