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(영문) 창원지방법원 2017.09.12 2017고단2484
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became 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 or distribute, keep and deliver any access medium while demanding, demanding, or promising to provide, demand, or promise the compensation.

Nevertheless, on December 17, 2015, the Defendant received a proposal to offer KRW 100,000 each day of lending the Defendant’s name account and its access media as a logistics site tax problem from a person who is not the name of the Defendant. On the same day, around 19:00, the Defendant issued the physical card and its password of the national bank account (Account Number: D) in front of the Defendant’s name at the C restaurant located in Kimhae-si B.

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 for E;

1. Application of Acts and subordinate statutes on verification certificates, customer information inquiries, and details of transactions of entry and departure;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. Article 62(1) of the Act on the Suspension of Execution (see, e.g., Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1448, Apr. 2, 2008)

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