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(영문) 수원지방법원 2018.08.24 2018고단3307
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

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, while receiving, demanding or promising to receive, demand or promise any compensation.

Nevertheless, on May 2, 2016, the Defendant: (a) opened an account in the name of a juristic person from a person whose name is unknown; (b) received a proposal from the Defendant to pay KRW 100,000 per week per week by delivering an access medium connected to the account; (c) opened a deposit account in the name of a national bank in the name of the company B in the name of the Seoul Jung-gu Cheongcheon-ro 152; and (d) received KRW 100,000 per annum and KRW 10,000 per annum from a coffee shop where it is impossible to identify the trade name near the three adjacent to the office limit of the national bank; and (e) around that time, at a coffee shop where it is difficult to identify the trade name near the above three adjacent to the bank, one passbook, cash card, one OTP card, its account number, and password.

Accordingly, the defendant delivered the approaching media while receiving the price.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Investigation report (to hear statements from a suspect or a telephone and report);

1. Reports on internal investigation (to hear the statements of the borrower and consignee involved in this case);

1. Application of Acts and subordinate statutes, such as the provision of financial transaction information through a search and seizure inspection warrant;

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 stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act on the grounds that the person has been sentenced to imprisonment with prison labor for any other crime, but has no record of the same crime, confessions and reflects

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