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(영문) 창원지방법원 2018.03.29 2017고단4261

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 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 one shall transfer any access medium or lend any access medium while demanding, demanding or promising the consideration therefor in order to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of users and the details of the transaction.

Nevertheless, at around 19:00 on August 16, 2017, the Defendant sent a physical card, which is linked to the Agricultural Cooperative Account (Account Number: C) in his name, to obtain a loan from a person who misrepresented the loan professional counselor B through a mobile phone from the front day of the corporation, Inc., which is located in Swikset-si, the Defendant, through Kwikset service article, in order to obtain a loan from a person who misrepresented the loan professional consultant B through his/her mobile phone.

Accordingly, the defendant transferred the access media to the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of statutes on the attachment of transaction details data (No. 4 of the evidence list);

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 1 and Article 6 (3) 1 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 Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) that the defendant has no record of punishment for a long time with a disability of class III due to a cerebralopy disability, his mistake is divided, and