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(영문) 대구지방법원 2018.07.05 2018고단2065

전자금융거래법위반

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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

No person shall issue a transaction instruction in electronic financial transactions or lend any access medium used to secure the authenticity and accuracy of the details of transactions with users and users, upon receiving any consideration therefor, demanding or promising to do so.

Nevertheless, the Defendant, at around March 21, 2018, posted a notice on the Internet page, “The 50,000 won payment of the tetetra-day and the Kax-C” at the Defendant’s residence located in Daegu-gu, Daegu-gu, 303, 2018, will offer 50,000 won per day to the Defendant’s user fee when sending the e-mail card.

On March 21, 2018, at the Dong-gu terminal located in 149, Dong-gu, Daegu-gu, Daegu-gu, Dong-dong, Dong-gu, 149, two physical cards, such as one physical card connected to the Defendant’s name bank account (D) and one physical card connected to the Daegu bank account (E) in paper boxes, were sent via high speed buses.

On March 22, 2018, the Defendant continued to put three physical cards, such as one physical card connected to the company bank account (F) in the name of the Defendant at the above Daegu Terminal on March 14:00, 2018, and one physical card connected to the Busan Bank account (G), one physical card connected to the one bank account (H), and one physical card connected to the one bank account (H), and delivers it to the name in a high speed bus, as compensation therefor.

3.22.250,000 won;

3. A total of KRW 400,000,000 including KRW 150,00,000 were given and lent 5 approaching media in exchange for payment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning each of the police suspects against the accused, I, and J;

1. Application of Acts and subordinate statutes on seizure records;

1. Article 49 (4) 2 and Article 6 (3) 2 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 each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The sentencing of Article 62(1) of the Criminal Act is based on suspended execution.