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(영문) 창원지방법원 2018.11.22 2018고단1816 (1)

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

Except as otherwise expressly provided for in other Acts, no person shall lend a product while demanding, demanding, or promising the use or management of an access medium.

On May 9, 2018, the Defendant borrowed a e-mail card to be used in the sports territory from a person without his name to his name, and received a proposal to use 3 million won per e-mail for three days. On the same day, the Defendant sent a e-mail card (C) connected to the national bank account in the name of the Defendant in Seo-gu, Daejeon, Seo-gu, Daejeon, and 503, through Kwikset service.

Accordingly, the defendant committed the act of lending the approaching media while promising the price.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol (including the deposit confirmation certificate attached thereto) to D;

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 Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act (the first offender who has no record of criminal punishment; the confession in depth is made; and the defendant seems to have no benefit from the crime of this case);