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(영문) 수원지방법원 여주지원 2017.11.08 2017고단1191
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment 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 borrow or lend any access medium, or store, deliver or distribute any access medium in return for receiving, demanding, or promising to receive, demand, or promise any compensation.

Nevertheless, on July 2, 2017, the Defendant would offer 600,000 won per account with a loan from a person who has not been named on his/her name.

On July 3, 2017, through Kwikset service article, the Qwikset-dong, located in Embacheon-si, Embacheon-si, Inc., opened a physical card connected to the Defendant’s name (B) account in front of the church and a physical card No. 1 connected to the Defendant’s name (C) account in the name of the Defendant.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on transaction A with the new bank, including transaction details AB, etc.;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentence of the same order shall be imposed by comprehensively taking into account the unfavorable circumstances, such as the circumstances in which the Defendant lent access media for the reason of sentencing under Article 62-2 of the Social Service Order Act was used for the crime and the amount of damage inflicted by the Defendant was not much damaged, and the circumstances in which the Defendant has no record of being punished heavier than the same crime and fine;

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