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(영문) 광주지방법원 2018.12.07 2018고단3891
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall borrow or lend any access medium, or store, deliver or distribute any access medium while receiving, demanding or promising financial compensation.

On May 2, 2018, the Defendant: (a) received a letter to the effect that “if he provides a passbook to receive betting money, he/she would pay KRW 3 million per unit; and (b) contacted the sender of the said letter with the said person; (c) lent the account under the name of the Defendant for three months; and (d) promised to receive KRW 1 million per month; and (c) affixed a seal thereon.

5.3. Around 14:00, at around 14:00, B apartment units 104, 1304-2, the Defendant’s name bank account (C) issued physical cards and passwords to the needy through Kwikset service article.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to transaction specifications, provision of financial transaction information, and detailed statement;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act, the selection of imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration, such as the fact that his mistake is divided and has no record of being punished for the same kind of crime);

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