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(영문) 수원지방법원 여주지원 2018.02.09 2018고단53
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 any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, while receiving, demanding or promising to receive, demand or promise any compensation.

Nevertheless, on October 22, 2017, the Defendant received a proposal from the person who was the lowest name of the liquor company to pay 800,000 won per day of lending the e-mail card, and responded thereto. On October 25, 2017, the Defendant delivered a letter of e-mail card, which is linked to the No. 3 (B) account in the name of the Defendant at the place of business prior to the e-mail-based e-mail-based e-mail-based e-mail-based e-mail-based e-mail-based e-mail-based e-mail.

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

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes on personal financial transactions and account transactions;

1. The applicable provision of Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts; the selection of imprisonment;

1. The fact that the Defendant’s access media on the grounds of sentencing of Article 62(1) of the Act on the Suspension of Execution appears to have been used for the criminal act of licensing shall be considered in light of the circumstances unfavorable to the Defendant, but the fact that it is acceptable and contradictory shall be considered in light of favorable circumstances

In this context, the sentencing conditions of Article 51 of the Criminal Act, such as the defendant's age, sex, environment, etc., are comprehensively considered and decided as ordered.

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