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(영문) 창원지방법원 통영지원 2018.02.28 2017고단1738

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In using and managing access media, no one shall borrow or lend any access medium while demanding, demanding or promising the compensation, or distribute or deliver any access medium, unless otherwise provided for in other Acts.

Nevertheless, on May 23, 2017, the Defendant had the honor to “C” from a person in non-name.

The low-income company is primarily engaged in the export business.

At present, the export business is not available, and it is inevitable to borrow the personal account.

I attempt to reduce the tax burden, one million won, two pages, and one million won, and one another.

(a) open the company documents and enter into the contract;

There is no later problem.

If there is an objection, the telephone request is rarely made.

“In the form of the word “A” and called the name in the phone, the phone card was used to be leased to the name in the name in the middle of C, and 5 million won was used for two months in the outside of C, and the physical card was sent to the name in the middle of the E cafeteria located in D on the same day to the Defendant’s name in the front of the E cafeteria in the name of the Defendant in the name of the Defendant in the name of the bank account (F) and through Kwikset’s service.

As a result, the defendant promised to receive the price and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Electronic financial transfer results, and the application of Acts and subordinate statutes on response data by financial institutions;

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. Selection of imprisonment with prison labor chosen;

1. As for the reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence, the access media that the Defendant lent to the Defendant for the purpose of easily punishing the money was used for the criminal act of Bosing, the amount of damage from Bosing was refunded to the victim, and the Defendant’s age, sex, environment, motive and background of the criminal act, circumstances after the crime, etc.