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(영문) 창원지방법원 2018.03.21 2017고단3758
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four 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 April 2017, the Defendant accepted the proposal that “I will pay a fee of KRW 700,000 per day per account if I lend an account to a liquor company, and will pay a fee of KRW 700,000 per account.”

On April 26, 2017, the Defendant: (a) put in a box a paper, wherein the paper, with two heads and passwords, linked to the corporate bank account (D) and the national bank account (E) in the coffee shop located in Kimhae-si B; and (b) sent it to the boxes through Kwikset service article, and (c) lent the approaching media in return for consideration, knowing that it would be used for a crime.

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 and 6 (3) 3 of the Act on the 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. Suspension of execution, Article 62 (1) and Article 62-2 of the Criminal Act, and the sentence of Article 62-2 of the same Act is former sentence of eight months: Imprisonment with prison labor: four months of suspension of execution; two years of community service; a reason for aggravation of eight hours: The defendant's access media has been actually used for committing electronic telecommunications financing fraud; the reason for mitigation, such as the absence of public trial (one time), confession, a person in the same kind of imprisonment without prison labor or a person in the absence of criminal records:

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