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(영문) 수원지방법원 평택지원 2017.08.23 2017고단1142
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall borrow or lend any access medium while demanding, demanding or promising to give instructions on transactions in electronic financial transactions or use or manage any access medium used to secure the authenticity and accuracy of users and the details of transactions.

Nevertheless, on January 18, 2017, the Defendant heard that he would give KRW 150 to 30 million per month if he/she lends a passbook from a person who is in the name of the deceased. On January 19, 2017, the Defendant, at around 16:00, issued Kwikset service article to his/her name in connection with the Defendant’s bank account in the name of the Defendant, via Kwikset service.

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 against D;

1. Application of Acts and subordinate statutes to the details of deposit transactions, written confirmation of transfer results, certificates of deposit transaction performance, and cell phone message output;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. Suspension of execution under Article 62 (1) of the Criminal Act ( full consideration of all the circumstances, such as confession and reflect, motive for the crime, the fact that most of the victims have been repaid, etc.);

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