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(영문) 인천지방법원 부천지원 2018.11.29 2018고단2547
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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 of "2018 Highest 2547" shall lend any access medium while requiring or promising to receive compensation in using or managing access medium under the Electronic Financial Transactions Act.

Nevertheless, on April 20, 2018, the Defendant received 300,000 won per 30,000,000 won per 1 card from his name in the vicinity of the Gocheon-dong, Seocheon-si and the Swikset through Kwikset’s service, which is linked to the Defendant’s name bank account (B).

No person of "2018 Highest 2827" shall lend any access medium while requiring or promising to receive compensation in using or managing access medium under the Electronic Financial Transactions Act.

Nevertheless, around 14:00 on July 14, 2018, the Defendant received 300,000 won per 30,000 won per e-mail card from a person without his/her name in the vicinity of Seocheon-si, Seocheon-si, and delivered e-mail card (D) connected to the bank account under the name of the Defendant using Kwikset service to the above person without his/her name.

Summary of Evidence

"2018 Highest 2547"

1. Statement by the defendant in court;

1. E statements;

1. The detailed statement of deposits, the detailed statement of additional deposits, and the data on account holder's bank transactions "28 high group 2827";

1. Statement by the defendant in court;

1. A written statement;

1. Application of the Acts and subordinate statutes to photograph the details of financial transactions, replies to banks, details of transactions, and guidance to the place of crimes;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order - The defendant mistakenly acknowledges and reflects his fault.

- The lending of access media is an act that facilitates various crimes, such as tax evasion, Internet gambling, Bosing, etc., and the social harm is serious.

- The Defendant on October 20, 2017

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