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(영문) 대전지방법원 2019.03.20 2018고단4158
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall commit any act of lending the means of access in return for promising the acceptance of consideration.

Nevertheless, on May 30, 2018, the Defendant accepted a proposal to the effect that “The Defendant would give KRW 3 million in return for a loan of a physical card for a day” from an unsatisfyer of the name that had contacted through a textbook.

Accordingly, the defendant has the same damage.

6.1. The Kwikset Service Articles sent from the Defendant’s workplace located in Daejeon U.S. B one physical card connected to the Defendant’s bank account (D) in the name of the Defendant, and sent the password to the Defendant’s name defecter E.

Accordingly, the Defendant promised the acceptance of compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the remittance certificate and the Acts and subordinate statutes concerning the details of transactions by entry and withdrawal;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (with no previous sentence and considering the fact that damage has been recovered);

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