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(영문) 수원지방법원 안산지원 2018.07.19 2018고단1397
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium with the receipt, request or promise of compensation in using and managing the access medium.

Nevertheless, on December 2017, the Defendant, from a person with no name in the middle of 2017, would offer 700,000 won per day from the person with no name in the company, “in need of a physical card for the purpose of bringing taxes from the company.”

“Around that time, “” heard and consented to the horses, and then, at C’s office located in Singu-si B, delivered a physical card No. 1, connected to the account under the name of the Defendant, to the point of origin of C’s home delivery, to the above-mentioned name in the way of sending the phone No. 1 to the said point of origin of C’s home delivery, and sent the password of the said account to the Kakao

As a result, the Defendant promised to pay for, lent access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to a statement of transactions);

1. Relevant legal provisions concerning criminal facts and Articles 49 (4) 2 and 6 (3) 2 of the Act on Specialized Financial Transactions in the Selection of Punishment (to be sentenced to imprisonment in consideration of the fact that a person commits a crime without being aware of the crime during the period of suspension of execution, although he/she commits a non-criminal crime);

1. Article 62 (1) of the Criminal Act on the stay of execution ( considered favorable circumstances, such as the reflection of errors and the absence of any record of punishment for the same crime);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act of the community service order;

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