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(영문) 창원지방법원 2017.09.28 2017고단2825

전자금융거래법위반

Text

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

On May 2017, the Defendant: (a) from a person under his name in the name of the police officer, “In order to use it for operating the Internet sports earth site, the Defendant cancelled the Internet banking of the bank account; and (b) applied for an in-house phone number to send the text message of the deposit money; and (c) sent the passbook and the e-mail card to the cargo-based delivery; and (d) returned 30,000 won a week after the next day.

“Around May 26, 2017, after hearing the horses to the purport, sent a passbook connected to the new bank account (B) in the name of the Defendant using a house from the Ycheon-si bus terminal located in Jeju-si around May 26, 2017, and a e-mail card connected to the bank account (C) in the name of the Defendant to the above-mentioned name partner, and around the 29th day of the same month, sent the passbook and e-mail card connected to the post office account (D) in the name of the Defendant in the same manner at the above terminal.

Accordingly, the defendant promised to pay the price and lent the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (report accompanying materials submitted by a suspect);

1. Application of Acts and subordinate statutes to report on investigation (report on confirmation of suspect financial transaction information);

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. 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 instant access media that was transferred by the Defendant for the reason of sentencing under Article 62(1) of the Criminal Act (the following sentencing is favorable to the sentencing) was actually used for crime.

Considering the purpose of the law in order to prevent additional crimes by strictly punishing the act of transferring or lending the access media, it is necessary to strictly ask the accused to be responsible for the crime.

However, the fact that the defendant has no record of punishment, the confession of the crime, and reflects the mistake, and the age and sexual behavior of the defendant.