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(영문) 창원지방법원 2018.05.31 2018고단320

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 December 20, 2017, around 20:0, the Defendant issued a proposal to the effect that “to create the details of transactions in the Defendant’s name account and receive loans after making the results as if he received monthly pay from the employee,” from a person in the name of the apartment in front of the apartment, which was located in the city of Song-gu, Busan, Busan, Busan, 14-ro, 68, on December 20, 2017, the Defendant sent Kwikset through Kwikset’s services with the Postal Card connected to the Postal Account (C) and the Postal Card connected to the Agricultural Cooperative Account (D), and then sent the password to the Kakao Stockholm.

Accordingly, the defendant, knowing that he will be used in the crime, 2 accessible media was replaced by a name-oriented person.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. The victim's statement protocol (E);

1. Application of Acts and subordinate statutes to investigation reports (Analysis of response materials by financial institutions);

1. Article 49 (4) 2 and Article 6 (3) 3 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 stay of execution (see, e.g., the fact that the defendant has no particular criminal history, and his mistake is repented in depth while making a confession, and that the defendant seems to have no profit accrued from the crime of this case);