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(영문) 서울서부지방법원 2018.06.05 2018고단740
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

Except as otherwise expressly provided for in any other Act, no one shall lend any access medium with the promise of compensation in using and managing access medium for electronic financial transactions.

However, the defendant's name in early September 2017 requires a personal account to be used by a liquor company for tax exemption.

At around 11:00 of the same month, the mail handling country located in Eunpyeong-gu Seoul Metropolitan Government, at around 11:00 of the same month, sent a e-mail card connected to the account to the account, to a place designated by the person in secret name after packaging the e-mail, and the password was known to the person in secret name via the Kakakao Stockholm Ma.

Accordingly, the defendant paid the price to the third party and lent the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. A C’s statement and a statement of transactions;

1. Application of Acts and subordinate statutes to the response materials to a national bank (part of the list of evidence No. 8);

1. Relevant legal provisions and the choice of punishment for a crime: Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act (excluding punishment);

1. Suspension of execution: Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548, Apr. 2, 2006);

1. Attraction of a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

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