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(영문) 창원지방법원 2017.04.19 2017고단339
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 23, 2016, the Defendant promised to receive KRW 2,00,000 per account in return for lending the account for one week at the 3 Dong guard room of the former apartment house in Changwon-si around 17:00 on July 23, 2016, and, through the employees of the above security room, sent each part of the physical card connected to the new bank account (C) and (D) in the name of the Defendant to the Kwikset service engineer.

Accordingly, the defendant agreed to the price and lent the physical card, which is an electronic financial transaction access medium, to the name in the name of the accused.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on a petition;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Imprisonment with prison labor chosen;

1. Where the suspended sentence, the sentence of Article 62 (1) and Article 62-2 of the Criminal Act of the community service order is flexible: Imprisonment with prison labor for ten months or a suspended sentence of two years: Imprisonment with prison labor for eight months or a suspended sentence of two years; social service for two years or more; a reason for aggravation of 80 hours: A reason for mitigation, such as that the Defendant’s access media has been used for actual other fraudulent crimes: A confession, a person who has been sentenced to imprisonment without prison labor for the same kind or a heavier punishment (three times

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