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(영문) 울산지방법원 2018.11.22 2018고단410
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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, in receiving, demanding or promising the payment of the price, unless otherwise provided for in any other Act.

Nevertheless, the Defendant, on October 23, 2017, issued a letter to the effect that, “on the face of lending a e-mail card to solve a tax problem, the Defendant would offer KRW 3 million to the e-mail during the month.” In response, on October 24, 2017, the Defendant sent the e-mail card two copies of the e-mail card linked to the e-mail account (Account Number: C) and D account (Account Number: E) in the name of the Defendant through Kwikwikset on October 24, 2017.

Accordingly, the Defendant promised to receive compensation, and lent an approaching medium.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to F;

1. The document of F;

1. A detailed statement of deposit transactions;

1. Each internal investigation report and investigation report;

1. Application of the police seizure protocol statutes;

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);

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