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(영문) 서울남부지방법원 2018.11.12 2018고단3169
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

No person shall lend any access medium used for electronic financial transactions while receiving, demanding or promising the consideration therefor.

On January 25, 2018, the Defendant loaned the e-mail card connected to the head of the Tong to KRW 2,800,000 on a face-to-face loan from a person in an influence of his name, prior to the departure of No. 3 in Gangseo-gu Seoul Metropolitan Government.

“The” phone sent one physical card of the National Bank Account (B) opened in the name of the Defendant to Kwikset Service, and notified the above physical card password through Kakao Stockholm.

Accordingly, the defendant promised to pay the price and lent the access media to electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes regarding transaction details;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 3 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 of the same Act shall apply to the accused who has been sentenced to one fine due to a violation of the Electronic Financial Transactions Act, but

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