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(영문) 창원지방법원 2018.08.09 2018고단904

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

On January 18, 2018, the Defendant accepted the proposal that “If he/she lends a e-mail card, he/she will pay KRW 3 million per account in return for the lending of the e-mail card from the person in an influence of his/her name.”

Accordingly, on January 19, 2017, the defendant sent a name-free person by inserting two copies of the physical card, which is an access medium connected to the Seoul Office in the name of the defendant (D) and the corporate bank account (E) in the name of the defendant, and delivering it to the door-to-door engineer who received instructions from the name-free box.

As a result, the Defendant promised to pay for the consideration, and up to two copies of the approaching media respectively.

Summary of Evidence

1. Statement 1, F, and G of the defendant in court;

1. Details of inquiries into financial networks, cases of search and seizure warrants or replies;

1. Application of the Acts and subordinate statutes to notify details of the transfer of damaged money and data on financial transaction status;

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 Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) that has no record of criminal punishment, the defendant has committed a confession and misunderstanding in depth while making a confession, there is no benefit earned by the defendant through the crime of this case, and some of the amount of damage from