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(영문) 서울서부지방법원 2018.10.23 2018고단2993
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Criminal facts

No person shall borrow or lend any access medium in the course of receiving, demanding or promising to receive any consideration in using or managing access medium necessary for electronic financial transactions.

However, on February 23, 2018, the Defendant received a proposal from a person in unsound name to the effect that “I will give KRW 300,000 won whenever I lend a cash card to use for tax reduction and exemption whenever I use it.” On February 26, 2018, the Defendant entered the card password on the back of the cash card connected to the Defendant’s bank account (Account Number: D) in Seodaemun-gu Seoul, Seodaemun-gu, Seoul around 15:0, and then lent an access medium by promising Kwikset service article to send that cash card to the person in unsound.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of financial transactions with the principal;

1. Application of reply statutes to requests for the provision of financial transaction information;

1. Relevant legal provisions and the choice of punishment for a crime: Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act (excluding punishment);

1. Suspension of execution: Article 62 (1) of the Criminal Act (the fact that the defendant seems to have no profit from crime acquired, the fact that the defendant seems to have no profit from crime, the fact that the defendant has no same record of punishment and has no record of punishment more than once of a fine, the fact that the defendant's serious reflects on his/her age

1. Attraction of a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

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