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(영문) 수원지방법원 안산지원 2018.04.18 2018고단800
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall lend any access medium while making a request or promise for the payment of consideration in connection with the use and management of access medium for electronic financial transactions.

1. The Defendant: (a) made a proposal to the effect that “The Defendant would pay 700,000 won per day on the face-to-face, card 1,000 won per 3-day loan; (b) on July 12, 2017, at the D office for Defendant’s operation in Jung-gu Seoul, Jung-gu, Seoul, the Defendant sent kwikset Bank (E), the Saemaul Bank (F) and three copies connected to the deposit account; and (c) on July 12, 2017, at the D office for Defendant’s operation in Jung-gu, Jung-gu, Seoul, the Defendant sent kset Bank (E), the Saemaul Bank (F) and the Bank (G) the password of the said C Card.

Accordingly, the defendant promised to receive compensation and lent the approaching media.

2. The Defendant sent two copies to the Defendant, on the ground that he borrowed a e-mail card in addition to the e-mail card, he would pay 700,000 won per day.

D office located in Jung-gu Seoul Metropolitan Government around 19:00 on July 12, 2017, sent two physical cards connected to the Defendant’s bank (H) and new bank (I) deposit account through Kwikset’s service, and notified the above physical cards’ passwords.

Accordingly, the defendant promised to receive compensation and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. Details of transactions in the account of one bank and application for transactions;

1. Details of transactions with the new bank account;

1. Application of Acts and subordinate statutes to the details of accounts of national banks, Korean banks, and Saemaul Treasurys;

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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act (total sum of the suspended sentence);

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