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(영문) 울산지방법원 2016.09.27 2015고단2897
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

No person shall lend any medium access to electronic financial transactions while receiving, demanding or promising the consideration therefor.

Nevertheless, from January 6, 2015 to August 8, 2015, the Defendant promised to receive KRW 3.5 million in return for a loan of the name in front of the doorbook C and the passbook and the check card in front of the doorbook C located in Ulsan-gu, Ulsan-gu, and agreed to receive KRW 3.5 million in return for the loan. The Defendant used the passbook and the check card (credit number: E) connected to the new bank account in the name of the Defendant, which is an electronic financial transaction access medium connected to the new bank account in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer in relation to G;

1. Statement made by the police with H;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to inquire about a credit card copy, copy of seized objects of credit card, copy of photograph of cell phone, copy of documents for application for loan, copy of inquiry about the results of transfer, copy of a certificate of confirmation of transfer, application for registration of personal account in Vietnam, personal information in the name of account, and details of transaction;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on the Electronic Financial Transactions in the relevant Act concerning the facts constituting an offense (or choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., Article 62 (1) of the Criminal Act;

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