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(영문) 수원지방법원 평택지원 2018.09.18 2018고단936
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor 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 is allowed to lend, etc. access media to electronic financial transactions while receiving, demanding or promising the payment. However, the Defendant is a alcoholic beverage business operator on April 2018 and the Defendant is entitled to the reduction of or exemption from taxes from the name and injury of his/her police officer.

If he/she lends a check card, he/she will provide 2.5 million won per one in return for the loan.

"Around 16:00 on April 19, 2018, after receiving a proposal, two physical cards connected respectively to the national bank account (C) and the post office account (D) in the name of the defendant on the road adjacent to Pyeongtaek B, at around 16:0,00, were sent to the above person in the name, and the password of each account was known to the telephone.

As a result, the defendant provided the access media of electronic financial transactions to his/her name in return for payment, demand, and promise.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes to transaction specifications, copies of bankbooks, and transaction statements;

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

1. Articles 40 and 50 of the Criminal Act, the choice of imprisonment, and the choice of punishment;

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

1. Although an act of transferring a media access to the grounds for sentencing under Article 62-2(1) of the Social Service Order Criminal Act requires strict punishment as it can be abused as a means of other crimes, such as Bosing, etc., it is necessary to take into account the fact that only one fine has been imposed on the accused, and that the accused is pening his mistake, etc.

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