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(영문) 수원지방법원 안산지원 2018.02.01 2017고단3063
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

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, with the intention of receiving, demanding or promising the payment thereof.

Nevertheless, on May 12, 2017, the Defendant received letters from the name and influence of the company related to the non-intercoin, and then hangs the phone, and 50,000 won in return for the transfer of the e-mail card connected to the account of the head of the Tong from the person influence of the above name.

"I accepted the proposal and sent it to Kwikset service article who sent the above name in the office of the company located in Sihhovah City on the same day, and sent to Kwikset service article a physical card connected to the company's bank account (Account Number D). I sent the password to the Kakao Stockholm, and notified the above name victim of the password to the above Kakao Stockholm.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Details of deposit transactions and data on financial transaction information (A);

1. Application of the Stockholm and Acts and subordinate statutes on closure data;

1. The pertinent legal provisions on criminal facts and Articles 49 subparag. 2 and 6 subparag. 3 subparag. 2 of the Act on Electronic Financial Transactions for the Selection of Punishment, and Article 6 subparag. 3 subparag. 2 of the Act on Electronic Financial Transactions provide that “Articles 49 subparag. 4 subparag. 1 and 6 subparag. 3 subparag. 1 of the Act on Electronic Financial Transactions,” but, in light of the facts charged, this appears to be a clerical error and thus, is corrected as above.

Imprisonment choice (the crime of this case leads to the so-called “singing” crime, which is highly socially malicious, and actually causes damage by committing the so-called “singing” crime, taking into account unfavorable circumstances, such as the fact that the crime of this case was committed, and that the Defendant had a record of being punished for the same crime once).

1. Article 62(1) of the Criminal Code of the Suspension of Execution (the fact that the defendant recognized and reflecteds his mistake, and that the defendant is the defendant.

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