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(영문) 창원지방법원 2020.04.02 2019고단3624

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On August 27, 2019, the Defendant: (a) received a proposal from a person under whose name the Defendant misrepresented an employee of a liquor company at an infinite location, stating, “The Defendant would pay 80,000 won per day, 200,000 won per day, 30,000 won per day, and 90,000 won per day as commission if he borrowed cam for three days; and (b) accepted it; (c) around the 28th day of the same month, the Defendant sent a cam card linked to the company bank account (B) under the name of the Defendant to the above infinite; and (d) sent the password to the above infinite via a post office message.

Accordingly, the Defendant promised to provide compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the transfer certificate, public receipt, text message photographic Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act concerning the selection of punishment, and the choice of imprisonment (the nature of the crime, motive, circumstance, etc. of the crime in this case);

1. The main sentence of Article 62 (1) of the Criminal Act (the main sentence of Article 62 (1) of the suspended sentence shall be taken into consideration;