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(영문) 창원지방법원 2018.07.05 2018고단164

전자금융거래법위반등

Text

A defendant shall be punished by imprisonment for not less than eight 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 October 25, 2017, the Defendant assumes a false personal credit service provider in Kimhae-si B and lends five million won if he/she sends his/her physical card.

In the event that all loans are repaid, the Cze Card shall be refunded.

The personal identification number of the above physical card was sent to the person without contact, who was connected with the Defendant’s name bank account (D) by using the phone line, and around that time, the phone line was sent to the above person by phone, and was informed of the password of the above physical card.

Accordingly, the defendant lent the access media to the defendant upon receiving the promise of compensation.

On February 2, 2018, the Defendant 2018, J. 445, around 09:32, 2018, while driving a motor vehicle with a high drinking water in front of the National Bank of Korea located in the Gannam Kim Jong-dong, the Defendant driven the motor vehicle under the influence of alcohol, such as drinking alcohol to the Defendant and sprinking on the face of the Defendant from G who was called up after receiving a report 112.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking in a manner that puts the breag into a drinking measuring instrument over about 20 minutes.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

"2018 Highest 164"

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Provision of financial transaction information;

1. Kakao Stockholm message "2018 Highest 445";

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. A copy of the ledger using the measuring instruments for drinking;

1. Application of the Acts and subordinate statutes of photographs taken at the time the person is exposed;

1. Relevant legal provisions concerning criminal facts, Articles 49 subparag. 2 and 6 subparag. 3 subparag. 2 of the Act on Electronic Financial Transactions (a loan in an access medium), Articles 148-2 subparag. 2 and 44(2) of the Road Traffic Act, and the choice of imprisonment, respectively, with labor;

1. Aggravation concurrent crimes;