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(영문) 수원지방법원 안산지원 2018.10.15 2018고단2667
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts and subordinate statutes, no person shall borrow or lend any access medium used in electronic financial transactions while receiving, demanding or promising the consideration therefor.

Nevertheless, the defendant needs to account for tax reduction from the nameless person who had contacted with his/her cell phone around March 8, 2018 to the "B" liquor company.

On March 8, 2018, when sending the check card, 600,000 won per card shall be paid in return for the use of the check for 3 days, and thereafter the said card shall be returned, and on March 8, 2018, at the D office located in Gyeonggi-gu, Seoul, the G Bank G account in the name of the defendant, one copy of the check card sent to F, which is linked to the national bank account in the name of the defendant, was sent to the defendant, and the password was notified to the Kakao Stockholm.

As a result, the Defendant promised to pay for the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of remittance receipts or A National Bank Account Transactions Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. It is so decided as per Disposition for the reason that Article 62 (1) (defensive circumstances such as reflective acts) of the Criminal Act is higher than that of the suspended sentence;

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