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(영문) 창원지방법원 2018.01.31 2017고단3775

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

On February 15, 2017, the Defendant: (a) around February 15, 2017, it is impossible for the Defendant to lend a normal loan through his/her mobile phone; (b) thus, he/she falsely prepared a false occupation, etc. and received a loan; and (c) he/she

At the same time, I accepted the proposal to the effect that, in the event of sending the e-mail card, 3 million won per account will be loaned and the amount after deducting 10% of the fee will be sent.

On February 15, 2017, the Defendant sent name and password to a new bank account (C) with the name of the Defendant and the Nong Bank account (D) through Kwikset’s service before his office in the Chang-si, Chang-si, Chang-si, A.M. on February 15, 2017.

Accordingly, the Defendant, while knowing that it will be used in the above crime, sent the approach media to the consideration.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on a petition;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

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

1. Imprisonment with prison labor chosen;

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

1. The former sentence of Article 62-2 of the Criminal Act of the community service order: Imprisonment with prison labor for one year: six months of suspension of execution/ suspended sentence; two years of community service; grounds for aggravation of 120 hours: The defendant's access media has actually used to commit a crime of telecommunications fraud; identical criminal records (one time of punishment); confession, etc.; grounds for mitigation of damage: confession, etc.;