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(영문) 수원지방법원 2018.10.10 2018고단4454
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall borrow or lend any access medium, or store, deliver or distribute any access medium while receiving, demanding or promising to receive any consideration in using or managing the access medium.

Nevertheless, around 14:00 on March 25, 2018, the Defendant lent 300,000,000 won to the account to be used as a borrowed passbook of a liquor company from his name-free person in front of the Pyeongtaek-si B parking lot, and received a proposal to offer 3,00,000,000 won per each account under the name of the Defendant to the new bank account under the name of the Defendant.

Accordingly, the defendant promised to pay for the consideration, and used the access media for others.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to the submission of evidential materials and reply materials on finance;

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. The crime of lending access media under the Electronic Financial Transactions Act for the reason of sentencing under Article 62(1) of the Act on the Suspension of Execution is a means to facilitate other crimes committed against many and unspecified persons, such as Bosing, etc., and the physical card offered by the Defendant was used for the criminal act of licensing, the fact that the Defendant was subject to the suspension of indictment for the same criminal record as the previous criminal record, and the fact that the Defendant is against the wrongness.

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