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(영문) 창원지방법원 2016.11.09 2016고단2273
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 3, 2016, the Defendant heard that “on the face of lending the account, the online shopping mall operator would divide the online shopping mall revenue” from the name “B (personal infinite)”, the operator of the coffee shop located in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungwon-si, and notified the Defendant of the passbook and cash card of the new bank account in the name of the Defendant, and the password.

Accordingly, the Defendant promised to receive compensation and lent the means of access to electronic financial transactions to others.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to a report on investigation (the result of execution of a warrant for search and inspection);

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. The instant crime on the grounds of sentencing under Article 62(1) of the Criminal Act requires strict punishment in that it enables serious harm to society. In fact, the Defendant’s account was used in such a crime, thereby causing damage.

However, considering the fact that the defendant has no profit from the crime of this case, the first offender, and the age, character and conduct, family relationship, family environment, motive and means of the crime of this case, and circumstances that are the sentencing conditions indicated in the records of this case, the punishment as ordered shall be determined.

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