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(영문) 수원지방법원 안산지원 2018.04.12 2018고단92
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 person shall borrow or lend any medium access to electronic financial transactions while demanding or promising the payment therefor.

Nevertheless, on April 2017, the Defendant received a proposal from a person who was absent from his name, stating that “The Defendant would offer three million won per week from one head of the Tong,” and issued a e-mail card, which is linked to the national bank account (E) in the name of the Defendant and the company bank account (F) in front of the Dong-gu Seoul Corporation in Ansan-si on the same day under the direction of the person who was absent from the name of the Defendant, by delivering one e-mail card connected to the national bank account (E) in the name of the Defendant to the Kwikset service engineer, and by informing the person who was not in the name of the above e-mail of the password number of each e-mail card.

As a result, the Defendant promised to pay for, lent the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A report on investigation (a confirmation of an additional crime by a suspect);

1. Application of Acts and subordinate statutes on the screen after inquiring about the details of transfer;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

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

1. Selection of sentence alternative imprisonment (to be sentenced by imprisonment in consideration of the fact that access media leased by the accused was used for crime, and that the accused is detained on the trial date);

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (the favorable circumstances such as the reflection of mistake and the primary charge) of the suspended execution.

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