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(영문) 전주지방법원 2019.06.25 2018고단2404
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 borrow or lend a means of access, or keep, deliver or distribute a means of access in receiving, demanding or promising compensation.

Nevertheless, the Defendant received the word "4 million won, if the card is leased due to corporate tax issues, 4 million won." On April 23, 2018, the Defendant issued one physical card connected to the post office account (D) under the name of the Defendant through an unsatisfyer in the front-gun B apartment guard room in the front-gu Seoul Special Metropolitan City B apartment on April 14:15, 2018, and sent a password to the unsatfyer in the name of the Defendant.

Accordingly, the Defendant loaned the above physical card, which is a means of access used in electronic financial transactions, to demand or promise compensation.

Summary of Evidence

1. Defendant's legal statement;

1. A report on internal investigation (a copy of a report on internal investigation by date on the acquisition and delivery of a suspected f- crow card);

1. A copy of the interrogation protocol of suspect;

1. A copy of the closure screen of the G modernization;

1. A copy of the closure screen of the E dialogue contents;

1. Application of Acts and subordinate statutes concerning details of transactions;

1. The pertinent Article of the Electronic Financial Transactions Act and Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act regarding criminal facts and Article 49(2) of the option of punishment are stated “Article 46(2)2 and Article 6(2)2 of the Electronic Financial Transactions Act” as applicable provisions, but such provision appears to be erroneous.

Imprisonment Selection

1. The sentencing of Article 62(1) of the Criminal Act is to be determined by the same order, taking into account the following factors: (a) the fact that the reasons for the suspended sentence are both discovered and contradictory to each other; (b) the initial offender; and (c)

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