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(영문) 인천지방법원 부천지원 2017.11.15 2017고단2215
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

No person shall borrow or lend any access medium, or store, deliver or distribute it while receiving, demanding or promising to receive any consideration.

1. On May 31, 2017, the Defendant received a written message stating that “If an account needs to be lent due to corporate tax issues, the Defendant would give KRW 2,100,000 per one account,” from a person in unsound name who was misrepresented by a financial company employee at the end of May 2017, the Defendant called the Defendant to the above name in the way of delivering a physical card connected to the Defendant’s name (D) and a head of the C-C Bank account in the name of the Defendant and a head of Kwikset Bank Account (E) connected to the Defendant’s name to the C-C Bank account in the name of the Defendant around May 31, 2017.

2. On June 10, 2017, the Defendant received a text message from a person who assumes a false name or infinite of a lending company’s director on June 10, 2017, stating that “The Defendant would lend KRW 3 million to a lending company,” and around June 10, 2017, at the same place as the above paragraph 1, the account number stated in the facts charged against the Defendant’s post bank account in the name of the Defendant was clearly written and written in accordance with the evidentiary relation, because it is apparent that the number is a clerical error.

In the way of delivering a chapter to Kwikset service articles connected to the above, the above name-oriented person was replaced.

Accordingly, the defendant committed the act of lending the approaching media while promising the price.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning each prosecutor's office or the police interrogation of the accused;

1. Application of the details of the agricultural bank account transactions, the details of each deposit and collection transaction, the application form, and the specifications of deposit transactions Acts and subordinate statutes;

1. Relevant Article 49 of the Act and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the facts constituting an offense, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The following circumstances are the reasons for sentencing under Article 62-2 of the Criminal Act, the observation of protection and the community service order.

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