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(영문) 대전지방법원 서산지원 2017.10.19 2017고단783
전자금융거래법위반
Text

1. The punishment of the accused shall be four months of imprisonment;

2.Provided, That the above punishment shall be imposed for a period of one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium while receiving, demanding or promising to receive, demand or promise to use or manage the access medium.

On July 25, 2017, the Defendant operated a mobile phone site from a person without his/her name to a third party.

On July 27, 2017, the Ministry of Strategy and Finance offered a new bank account (B) with the name of the defendant at the Seosan post office, by sending a copy of e-mail card connected to the new bank account (B) under the name of the defendant to the "Seoul Northern-gu Seoul Northern-gu C", and lent its access media for consideration by sending it to the "Seoul Northern-gu C", where the name of the non-person was notified by the non-person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to inquire about details of entry/exponing transactions, and details of transactions;

1. Relevant legal provisions concerning facts constituting an offense, Article 49 (4) 2 and Article 6 (3) 2 of the Act on the elective Electronic Financial Transactions, and Article 6 (3) 2 of the same Act, the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the first offender and the circumstances of the case, etc.);

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