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(영문) 부산지방법원 동부지원 2018.11.07 2018고단1814
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall lend any access medium with the receipt, demand or promise of compensation in using and managing access media under the Electronic Financial Transactions Act.

Nevertheless, on March 2018, the Defendant: (a) received a proposal from a person in a name in the name of the Defendant to “be paid KRW 2,400,000,000 per 3 days on the face of the Plaintiff who borrowed a physical card for tax reduction; (b) sent the physical card connected to the post office account (E) in the name of the Defendant, using the Defendant’s name, and notified the account number and password.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A letter of transfer of the case (G);

1. Application of Acts and subordinate statutes to a report on investigation (verification of judgment of fraud case);

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act, the selection of imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. To select a sentence of imprisonment in consideration of the fact that he/she promises to receive a considerable amount of compensation for sentencing under Article 62-2 of the Criminal Act and lends his/her physical check card, but to suspend the execution of the sentence due to lack of criminal records of the same kind of crime, and to issue a social service order as ordered by the court;

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