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(영문) 대구지방법원 김천지원 2018.05.23 2018고단154
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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

Except as otherwise expressly provided for in other Acts, no person shall lend any access medium with the receipt, request or promise of compensation in using and managing the access medium.

However, on September 3, 2017, the Defendant accepted a proposal from a person in unsound name who assumes an employee C of a trade company by telephone to the effect that “I would pay a fee of KRW 1,00,000 or KRW 1,50,000,000 if I lend an account to be used in a set of days in the company,” and accepted it in the same month.

5. 16:30 At around 16:30, an employee who sent the above names in favor of the E office located in Gu-U.S., sent a copy of the physical card connected to the Saemaul Bank Account (F) in the name of the defendant.

Accordingly, the defendant lent access media to electronic financial transactions in return for the promise of payment.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. Data from CCTV images replies;

1. Application of two Acts and subordinate statutes, such as a certificate of details by account for member trading and a photograph of passbook;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act concerning the selection of punishment, the selection of imprisonment;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act on the community service order;

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