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(영문) 수원지방법원 안산지원 2018.05.16 2018고단845
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four 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

Except as otherwise expressly provided for in other Acts and subordinate statutes, no person shall borrow or lend any access medium used in electronic financial transactions while receiving, demanding or promising the consideration therefor.

On December 2, 2017, the Defendant sent a written advertisement message to the Defendant’s cell phone in the name of the Nonindicted Party (the “B Team leader”) who sent the Defendant’s mobile phone (the “B Team leader”) in order to obtain tax reduction or exemption from liquor companies”.

I would like to pay 4,500,000 won per unit if he/she lends the check card.

“In receipt of the proposal, “The Postal Card shall be contacted to the names in order to receive five million won per unit of the Postal Card, and around 14:00 on December 5, 2017, around C 14:00, the Postal Card shall be sent to the names in order to receive the Postal Card, via Kwikseter’s article, one copy of the Postal Card connected to the national bank account (E) in the name of the defendant, and the password shall be recorded on the back of the Postal Card and notified by telephone.

As a result, the Defendant promised to pay for the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes on account transfer and account transfer transactions under the name of a suspect;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on the Electronic Financial Transactions in the relevant Act concerning the facts constituting an offense (or choice of imprisonment);

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (the access media of this case was used for crime and withdrawn, but the defendant did not have the same criminal record, and the defendant committed the crime of this case for living).

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