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(영문) 창원지방법원 통영지원 2018.02.07 2017고단1685

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment 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 other Acts, no one shall lease the access medium in return for promising to receive compensation.

Nevertheless, on August 10, 2017, the Defendant promised to receive 3 million won per 3 million won per e-mail card from a person without his/her name from his/her name in front of B and 115 dong 302, and opened a e-mail card connected to his/her name in the name of Kwikset who sent the name in his/her name to his/her post office account (C) through Kwikset.

As a result, the defendant promised to receive compensation and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Details of transactions and written confirmation of transfer results;

1. Application of Acts and subordinate statutes to report internal investigation (2017-1268 Warrant of Seizure)

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. The grounds for sentencing under Article 62(1) of the suspended sentence under the Criminal Act include the following: (a) the Defendant’s access media that was lent to the Defendant for the purpose of easily punishing the money was generated by using it for the singishing crime; and (b) the Defendant’s age, sex, environment, motive and circumstance of the crime; and (c) the various conditions for sentencing under Article 51 of the Criminal Act, including the Defendant’s age, sex, background, and circumstances after the crime