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(영문) 대전지방법원 홍성지원 2016.12.21 2016고단623
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person who committed the crime as of August 13, 2015 shall borrow or lend the means of access, or keep, deliver or distribute the means of access while demanding, demanding or promising the compensation.

Nevertheless, around August 2015, the Defendant received KRW 1,50,000 per month from the person who was absent from his/her name, and opened an account under the name of another person to the person who was absent from his/her name. On August 13, 2015, upon the request of the person who was absent from his/her name, the Defendant opened an account under the name of the name of the Batter in the name of the Bag-gu Office in Cheongju-si, Cheongju-si, Cheongju-si, and issued one copy of the passbook and physical card connected to the account to the account.

Accordingly, the defendant promised to receive compensation and delivered the means of access.

2. No person who committed the crime on October 7, 2015 shall borrow or lend the means of access, or keep, deliver or distribute the means of access while demanding, demanding or promising the compensation.

Nevertheless, the Defendant received KRW 1,50,000 per month from the person who was absent from his name and received KRW 1.5 million per month from the person who was absent from his name and opened an account under the name of another person. On October 7, 2015, upon the request of the person who was absent from his name, the Defendant opened an account under the name of another person in the name of another. On October 7, 2015, the Defendant opened the account at the three points of banks in the Daejeon Jung-gu culture-dong, and issued one copy of the passbook and the e-mail card connected to

Accordingly, the defendant promised to receive compensation and delivered the means of access.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of some of the accused;

1. Statement of the police statement regarding C;

1. Each written statement of D and E;

1. Application of Acts and subordinate statutes to business registration certificates, application for transactions, materials for replies, and report on internal affairs;

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. Suspension of execution;

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