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(영문) 광주지방법원 2018.12.21 2018고단1420
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall store, deliver, or distribute any access medium at the time of receiving any consideration in using or managing any access medium for electronic financial transactions.

Nevertheless, around February 2017, the Defendant received a proposal from a person who has no business registration certificate issued by Gangdong-gu Seoul Metropolitan Government, Gangdong-gu, and received a business registration certificate, a copy of representative identification card, a corporate seal certificate, etc. from a corporation. On February 20, 2017, the Defendant opened a bank account (D) in the name of B in a bank near the cheon Station, and around that time opened the bank account in the name of B in a bank near the cheon Station, and received a 150,000 won certificate, etc. from the above person in the name of the company.

Accordingly, the defendant delivered and distributed a e-mail card, which is a medium of electronic financial transaction access while receiving the price.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of a transaction application and business registration certificate statutes;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspension of execution (i.e., confession, reflectivity, and the fact that there is no previous conviction);

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