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(영문) 서울서부지방법원 2018.09.07 2018고단182
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall lend an access medium in return for promising to receive compensation in using and managing the access medium.

Nevertheless, at around 14:00 on November 8, 2017, the Defendant promised to receive KRW 500,000 per 1 month in a French coffee store located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul in return for the lending of the physical card, and delivered a physical card to the party who is in fact in the name of the Defendant through D, and notified the password of the said physical card.

As a result, the defendant promised to receive compensation and lent an access medium to a name-free person.

Summary of Evidence

1. Legal statement of the witness D;

1. Statement made by the police for E;

1. Financial transaction statement;

1. Investigation report (verification of the transfer of a foreign bank account as A) (the application of Acts and subordinate statutes);

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on the Electronic Financial Transactions in the relevant Act concerning the facts constituting an offense (or choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

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