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(영문) 의정부지방법원 2018.09.13 2018고단2758

전자금융거래법위반

Text

A defendant shall be punished by imprisonment with prison labor for four 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

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium, or keep, deliver or distribute such medium, with respect to the use and management of any access medium.

The Defendant has the honor to act on April 19, 2018 as B agent for alcoholic beverages of Daehan.

In order to reduce the tax of alcoholic beverages, the liquor tax imposed on the imported goods sold to the amusement shop shall be 42-72%, and the personal physical card shall be 30,000 won.

The thickness of the rental year has been 80,000 won per day for 3 days, with a thickness of 800,000 won per day, so it has been 2.4 million won.

“To receive the text message “”.

On April 23, 2018, in response to the proposal above, the defendant sent to the non-resident four copies of the physical card, each of which is linked to the Korean St Bank Account (E), the Saemaul Bank Account (F), the Korean Ct Bank Account (G), and the Postal Account (H), in the name of the defendant, on the D's home transfer located in Gui-si C on April 23, 2018.

Accordingly, the Defendant promised to pay for the price and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Written Statement;

1. Statement of transactions by account;

1. Details of Kakao Stockholm messages;

1. A detailed statement of transaction in the market bank;

1. The details of Kakao Stockholm messages sent to and received from a person in the name of the person in question, the details of the message, and the telephone conversations with the person in the name of the person in question;

1. A certificate of confirmation of transfer transactions;

1. Main text of the mobile phone photograph;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to a statement of transactions);

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 imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is that the punishment of the crime of this case is not less complicated in light of the content and result of the crime of this case.

However, the defendant's mistake.