beta
(영문) 창원지방법원 2018.02.28 2017고단3845

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 September 2017, the Defendant: (a) in the Seocho-si, Changwon-si, the C Convalescent Hospital; and (b) in the C Convalescent Hospital, the Defendant: (c) received a proposal from a person in a false name who assumes the name of the D Company E to provide KRW 2 million per month to the advertisement company’s tax reduction or exemption; (d) consented to the proposal; and (e) issued a new bank account in the name of the Defendant; (e) the account number and password for the Kwikkset’s account (name:F); and (e) the personal card to the Korean bank account.

Accordingly, the defendant agreed to receive compensation for the purpose of crime and lent the access media to the defendant.

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 and 6 (3) 3 of the Act on the 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. The sentence of Article 62 (1) of the Criminal Act to be sentenced in eight months: Imprisonment with prison labor for a period of four months or suspension of execution: The grounds for aggravating two years: The access media that the defendant has exceeded is actually used for committing telecommunications fraud. Reasons for a mitigation, such as recovery of damage, etc.: Confession, portraits, health, etc.;