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(영문) 수원지방법원 안산지원 2018.04.03 2017고단3590
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of a 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 September 10, 2017, the Defendant received a proposal that “The Defendant will give two million won a month to the B company located in Yangcheon-gu Seoul Metropolitan Government, and will pay to the account that he/she has known due to tax issues.” The same year according to the direction of the person who has not been killed in the name.

9. 11. At the front of Sik-si, Sik-si, Sik-si, one check connected to Defendant’s name-based Kwik-set’s account (D) was delivered in a way that he informs Defendant’s password by telephone of the password number.

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;

1. Information on account holders, details of account transactions, verification of transfer, application of Acts and subordinate statutes to report on investigation;

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 concerning the selection of punishment, the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (including the fact that the account, etc. of the defendant has been abused to cause phishing damage, but the same criminal history has not been generated and the same criminal history has not been reflected);

1. Social service businesses under Article 62-2 of the Criminal Act;

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