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(영문) 부산지방법원 2016.10.12 2016고단4155
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

In using and managing a means of access, no one shall borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on May 20, 2016, the Defendant received a text message from a person who was unaware of his/her name to the effect that "the head of a Tong is recruited to be used in a liquor company, and will offer 10% of the amount deposited on three days if the head of a Tong is lent." On June 4, 2016, the Defendant lent the number of passbooks to the Busan Seobbbbbbbbbbbbbbbbbbbbbbbbbs in Incheon, through the bus home from the Busan, Busan, as the ideology of Busan, around 1:30 on June 4, 2016, the Defendant borrowed the number of passbooks in his/her name (number B), the new bank account (number C), the bank account under the name of the Defendant's father, the one bank account under the name of the Defendant's father (number F), the community credit cooperative account (number I), the number I), the Busan (number I), the name of the Defendant's Kobbbbbbsc.

As a result, the Defendant promised to receive the price, and lent the means of access necessary for electronic financial transactions to the name partner.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the N in the police station;

1. Application of Acts and subordinate statutes to the electronic financial large account statement, family relation certificate, nine financial transaction statements, transport invoice receipt, text message;

1. Article 49(4)1 and Article 6(3)1 of the Electronic Financial Transactions Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the grounds that the person has no record of criminal punishment exceeding the fine, as well as the previous criminal records;

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