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(영문) 수원지방법원 안산지원 2018.07.27 2018고단1405
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

Punishment of the crime

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

Nevertheless, on December 21, 2017, the Defendant, who misrepresented the staff of a liquor company on December 21, 2017, requires a check card to be used for liquor trading from a person who misrepresented him.

The letter "I will give KRW 300,000 per 30,000 won per 1,000,000 won per 1,000,000 won per 30,000 won per 30,000 won per 30,000 won per 3,000 won per 3,000 won per 3,000,000, in accordance with the proposal, and after accepting the proposal, I sent the account number and password in the name of the defendant in the name of the National Bank (E) and the Agricultural Cooperative Account (F).

As a result, the defendant promised to receive the price, and lent the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. Application of Acts and subordinate statutes on the transactions of deposits and withdrawal;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor as a matter of choice (the fact that the Defendant’s crime of this case was actually abused as a means of licensing fraud, the damage has not been recovered, and the Defendant’s power has been taken into account);

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (i.e., the fact that the facts charged are acknowledged, and the circumstances that the Defendant gains from the crime of this case are not revealed).

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