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(영문) 광주지방법원 2018.02.09 2017고단5667
전자금융거래법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium while receiving, demanding or promising to receive compensation in the course of using or managing the access medium for electronic financial transactions.

On August 17, 2017, the Defendant sent a new bank account number (D) and password in the name of the Defendant using the Kakakao Stockholm message from the person “C” from which the personal information is unknown, upon receipt of the proposal, the Defendant sent the Kakao Stockholm message to the said “C” through Kwikset service article with which the personal information cannot be identified by inserting the e-mail card connected to the said new bank account at the third front of the 3rd of the Dobong-gu Namdong-gu, Gwangju.

Accordingly, the defendant lent the electronic financial transaction access media in return for the promise.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the protocol concerning the interrogation of the accused by the prosecution;

1. Statement prepared by E;

1. Application of Acts and subordinate statutes on the receipt of deposits, photographs and details of financial transactions by capturing a monetary record;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

1. A fine of two million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds that Article 59(1) of the Criminal Code of the Suspension of Sentence (the fact that the defendant was the first offender with the university student of 20 years of age, the access media leased by the defendant was used for the crime of Bosing, but the victim was not punished for the defendant by paying the amount of 5 million won damages to the victim, and the victim was not punished for the damage, the profits that the defendant caused the crime of this case that the defendant made a mistake in the net judgment while seeking Esim, and the profits that the defendant acquired was merely 40,000 won due to the violation of depth of the defendant) is above the above.

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