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(영문) 서울서부지방법원 2018.10.10 2017고단1857
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment 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 lend any access medium used for electronic financial transactions in return for a request or promise for the payment thereof.

Nevertheless, on February 2017, the Defendant promised that “I will give 2 million won if I send a cream card” in front of the C hospital located in Seodaemun-gu Seoul, Seocho-gu, Seoul, with his/her name and influence on the road, and the Defendant was issued and used by D.

D A physical card linked to the Kwikset's account (E) sent to a name-oriented person via Kwikset's service.

Accordingly, the defendant provided access media to the name in return for the promise of compensation.

Summary of Evidence

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 with regard to F;

1. Application of Acts and subordinate statutes governing the details of transactions of deposits and withdrawal, and verification of requests for remittance of other deposits;

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

1. Selection of a sentence of imprisonment with prison labor chosen (including a previous conviction for the same type of punishment, and a use in the singing crime);

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act);

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