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(영문) 수원지방법원 2017.08.08 2017고단3836
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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

Criminal facts

Except as otherwise provided for in other Acts, no person shall borrow or lend any access medium with the intention of receiving, demanding or promising any compensation.

Nevertheless, on January 2017, the Defendant received 300,000 won in return for lending the check from a person in an infinite's name contact from the person infinite in front of the exit of 924 Suwon Station No. 8, 2017, and sent a passbook (B) and a check card to the Defendant's name through Kwikwikset service article, and sent a password to the company bank passbook (B) and a check card through Kwikkset.

As a result, the Defendant used the electronic financial transaction access media in return for the payment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect with regard to C;

1. Statement made by the police against D;

1. Details of transfer to each victim (Korean, new bank), details of text submission of victims, results of each reply, nominal A, E, and F;

1. Application of Acts and subordinate statutes on a petition;

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, the selection of imprisonment with prison labor;

1. Article 62(1) of the Criminal Act on the Suspension of Execution (see, e.g., Supreme Court Decision 200 million won in return for lending a medium of access to the instant crime; Supreme Court Decision 2000 won in return for the Defendant’s borrowing of a medium of access; Supreme Court Decision 200 million won in return for the Defendant’s borrowing of a medium of access; Supreme Court Decision 2006Do359, Apr. 1, 2006)

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