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(영문) 서울북부지방법원 2018.11.16 2018고단3625
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

No person shall borrow or lend any access medium or distribute, keep, deliver or distribute any access medium while demanding, demanding or promising the consideration.

Nevertheless, on June 18, 2018, the Defendant: (a) proposed that “When the Defendant uses a corporate account in trading a non-tcoin-related trading company; (b) he/she would lend the physical card to the personal account in order to save it for more than three days; and (c) lent the physical card to the third party for three days; (b) around June 27, 2018, the Defendant, via Kwikset Service, around Seongbuk-gu Seoul Metropolitan Government Kwikset, provided that he/she would receive compensation by informing the name-oriented person of the name-based national bank account (C) in the name of the Defendant through Kwikset Service, and lent the access medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes governing the provision of financial transaction information to the national bank account in the name of the Kakao Stockholm, exchanged with the accused, etc.;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 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 (see, e.g., Article 62(1) of the Criminal Act (see, e., Supreme Court en banc Decision 2006Da1448, Apr. 2, 2006)

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