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(영문) 울산지방법원 2015.04.30 2014고정1973
전자금융거래법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

In using and managing the means of access, no one shall be allowed to lend the means of access with compensation or lend the means of access in return for compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on September 24, 2013, the Defendant provided the Defendant’s mobile phone with “to pay KRW 70,000,000 per day when lending the passbook,” and lent the means of access to the Defendant’s personal phone through Kwikset service article on September 24, 2013, through Kwikset service article in front of the Tong-gu, Suwon-si, Suwon-si, and through Kwikset service article, one passbook (Account Number D) and one physical card in the name of the Defendant, which is the means of access, and one cell phone (Account Number E) and one physical card installed in a cellular phone.

Summary of Evidence

1. Court statement of the defendant (the fourth court date);

1. A report on internal investigation (the confirmation of a point of opening the reception account);

1. An inquiry report;

1. Application of the reply statutes to requests for the provision of financial transaction information;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense, and Article 6 (3) 2 of the same Act;

1. Articles 70(1) and 69(2) of the Criminal Act (one-day conversion amount: 100,000 won);

1. Article 59(1) of the Criminal Code of the Suspension of Sentence (the amount of fine to be suspended of sentence: 1,000,000 won, the defendant's mistake is recognized, the defendant takes measures to minimize damage immediately after he became aware that his account was used for the so-called Bosing crime, and the defendant is the first offender with no power to commit the crime)

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