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(영문) 수원지방법원 여주지원 2017.12.15 2017고단1352
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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 expressly provided for in any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, while receiving, demanding or promising to receive, demand or promise any compensation.

Nevertheless, on June 12, 2017, the Defendant received a proposal that he would make payment of KRW 2,00,000 per head of each 1st, if he/she lent the e-mail card from a person who has no name to the name of the Defendant, and responded to this proposal, and then delivered the e-mail card total of four copies of the e-mail card linked to the Defendant’s Saemaul Bank Account (C), the new bank account (D), the corporate bank account (E), and the Korean bank account (F) through Kwikset Service Articles.

As a result, the Defendant promised to pay for the consideration, and used the approaching media respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. A written complaint of G;

1. Statement with respect to G;

1. Details of transactions in the accounts of Saemaul Treasury in the name of the defendant;

1. Application of the Act and subordinate statutes to a copy of a passbook sign linked to the bank, corporate bank, or new bank check leased by the defendant;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. It is so decided as per Disposition by taking into account all the factors of sentencing under Article 51 of the Criminal Act, such as the time limit for sentencing under Article 62(1) of the Criminal Act, the number of accessible media that the Defendant transferred, and the damage caused thereby, the age, sex, environment, criminal record, and criminal record.

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