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(영문) 창원지방법원 2018.05.03 2018고단425

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 October 2017, the Defendant accepted the proposal that “When sending the cream card, the cream card will be paid to the 3 million won per month in consideration of the sending of the cream card from the person in the name of the deceased.”

Accordingly, on October 2017, the Defendant sent his name to Kwikset service article, which was instructed by Kwikset service articles, by inserting one head of Kwikset Card, which is an access medium connected to the national bank account (D) in the name of the Defendant, in the C coffee shop located in Kimhae-si, Kimhae-si, 2017.

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

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. Application of Acts and subordinate statutes to a certificate of transaction confirmation (National Bank, A), and reply to a request for provision of financial transaction information (national bank, and A);

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. Article 62(1) of the suspended sentence of the Criminal Act (see, e.g., Article 62(1) of the Criminal Act (i.e., that the defendant was the first offender without previous conviction, that his mistake is repented in depth, that the defendant did not gain any profit from the crime of this case, and that some of the amount of the damage from the criminal defendant's account deposited in the defendant'