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(영문) 수원지방법원 안산지원 2018.04.25 2018고단935
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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

Except as otherwise expressly provided for in other Acts and subordinate statutes, no person shall borrow or lend any access medium used in electronic financial transactions while receiving, demanding or promising the consideration therefor.

Nevertheless, on December 12, 2017, the Defendant sent an advertising Kakao Stockholm Stockholm message to the Defendant’s cell phone (one named “B”) and then deposited 10% of profits after receiving and withdrawing profits from the account if the Defendant borrowed the Kaka card for the reduction and exemption of liquor tax.

“After receiving and consenting to the proposal, on December 2017, 2017, after visiting Kwikset service articles to receive a physical card, one head of the physical card connected to the accounts of the Saemaul Treasury (D) in the name of the defendant, and the password was dried together with the physical card, with the physical card entered in the paper.

As a result, the Defendant promised to pay for the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written confirmation of the results of electronic financial transfer;

1. Application of the Kakao Stockholm photograph Acts and subordinate statutes to the course of the Kakao Stockholm conversation

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. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (it is so decided as per Disposition, such as the fact that there are no criminal records of the defendant, but many criminal records, and the damage has been caused by the access media lent by the defendant and the damage

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