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(영문) 수원지방법원 안산지원 2018.05.03 2018고단425
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 becomes final and conclusive.

Reasons

Punishment of the crime

No person shall issue a transaction instruction in electronic financial transactions while receiving, demanding or promising any consideration, or borrow or lend any access medium used to secure the authenticity and accuracy of the users and the details of such transaction, or keep, deliver or distribute such medium.

Nevertheless, on September 20, 2017, the Defendant needs to account for the reduction or exemption of liquor tax as alcoholic beverages are more than 50% since alcoholic beverages are viewed as alcoholic beverages.

The phrase “to use the account in which the principal’s account is in use for one month on the face of the week, and to grant rent of one three million won on the account,” accepted the proposal and sent the physical card connected to the account in the name of the defendant to the National Bank (C) account in the name of the defendant in front of the defendant’s office in Gyeonggi-gu, and sent it to the above person on the name of the defendant through Kwikset service article.

Accordingly, the defendant loaned the access media to electronic financial transactions in return for the promise.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes on deposit data and financial data replies;

1. Relevant Article of the Act and Articles 49 (4) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions through which criminal facts have been committed (to be punished by imprisonment in consideration of the fact that access media lent by the defendant was used for crime, etc.);

1. It is so decided as per Disposition on the grounds of not less than Article 62 (1) of the Criminal Act (a favorable circumstance, such as the reflection of errors and the absence of the same kind of criminal record).

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