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(영문) 창원지방법원 2018.11.01 2018고단1910
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 became final and conclusive.

Reasons

Punishment of the crime

[2018 Highest 1910] No person shall give, borrow or lend any access medium used to give instructions for transactions in electronic financial transactions or to secure the authenticity and accuracy of users and transaction details, unless otherwise specifically provided for in other Acts.

Nevertheless, on May 28, 2018, the Defendant received a proposal from a person who was in the name of the Defendant to “be given 80,000 won per page of the face of the face to lend the e-mail card” and consented thereto. On May 30, 2018, the Defendant sent the e-mail card No. 1 to the address designated by the person who was in the name of the Defendant in the name of the No.C. (D) and sent the password to the address designated by the person who was in the name of the Defendant.

As a result, the Defendant promised to pay for, lent a e-mail card, which is an access medium.

[2018 Highest 2407] No person may lend or lend any access medium with a demand or promise to give and receive consideration, unless otherwise expressly provided for in other Acts.

Nevertheless, on May 2018, the Defendant: (a) received a proposal from a person without his name to “be a logistics company, which is a logistics company, and will pay KRW 2,400,000 per day in calculating the amount of KRW 80,000 per 1st day of lending the physical card necessary for tax reduction and exemption; (b) around May 2018, the Defendant sent the physical card connected to the national bank account (G) in the name of the Defendant to a person with no name, using a one copy of the physical card connected to the national bank account (G) in the name of the Defendant.

Accordingly, the defendant committed the act of lending the approaching media while promising the price.

Summary of Evidence

[2018 Highest 1910]

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Details of transactions in the agricultural bank account [2018 Highest 2407];

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Application of Acts and subordinate statutes to inquiries about details of financial transactions and requests for provision of financial transaction information;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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