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(영문) 수원지방법원 안산지원 2016.11.24 2016고단3943
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

No person shall borrow or lend a means of access to any account used to secure the authenticity and accuracy of the details of such transaction with a user and any means of access, which is a means or information corresponding to an electronic card connected to such account, demand or promise to receive the consideration therefor in electronic financial transactions.

Nevertheless, at around 18:00 on July 10, 2016, the Defendant received 1.5 million won in return for lending the account of passbook to the person in non-name in front of the 44 new apartment complex at the upper end of the Dong-gu, Ansan-si, Ansan-si, and at the end of the 44th new apartment complex. The Defendant sent Kwikset’s card connected to the company bank account (C) in the name of “B” in the place of business operated by the Defendant, to the delivery officer of Kwikset, and around that time, notified the person in non-name of the above physical card by telephone.

Accordingly, the Defendant promised to pay for, and lent the means of electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Certificates of deposit;

1. Application of the Acts and subordinate statutes governing the submission of financial transaction data;

1. Relevant legal provisions concerning facts constituting an offense, Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment, and the choice of imprisonment (including multiple fines in consideration of the penalty power);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the fact that it reflects the fact and there is no record of the same punishment);

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