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(영문) 전주지방법원 2016.09.22 2016고단973
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

No person shall transfer, take over, receive or promise any access medium to electronic financial transactions, or lend or lend it to another person.

However, on March 17, 2015, the Defendant accepted the proposal that “I will lend the account and pay part of the profits after making equity investment, etc.” from the person in the name of the Defendant. On March 17, 2015, the Defendant entered the passbook (D) and the physical card, and the password of the corporate bank in the name of the Defendant in the Kwikset service article sent by the person in the name of the Defendant from the first floor of the Kwikset service article located in the Seoul Metropolitan City, Nowon-gu, Seoul Metropolitan City.

Accordingly, the Defendant promised to receive compensation as above and lent an access medium to electronic financial transactions to the needy party.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes on response to financial transaction data;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on the Electronic Financial Transactions in the relevant Act concerning the facts constituting an offense (or choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the stay of execution (including the fact that the criminal defendant commits a mistake, etc.);

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

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