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(영문) 광주지방법원 순천지원 2018.11.02 2018고단1421
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor 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 December 12, 2017, the Defendant received the call from a person infinite name who misrepresented B Company C’s employees in the name of the Defendant, stating that “I would give KRW 800,000 per account, if I lend the passbook account.” On January 11, 2018, the Defendant delivered one e-mail card, each connected to the Agricultural Cooperative (F, G) and the post office account (H) account, at the E-office located in Mayang-si around 16:30 on January 11, 2018.

Accordingly, the defendant agreed to receive compensation and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of I;

1. Three copies of a statement of transfer and details of transactions;

1. Application of the Kakao Stockholm photograph Acts and subordinate statutes

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

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

1. Selection of imprisonment with prison labor chosen;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under the main sentence of Article 62-2(1) of the Social Service Order Criminal Act, Article 59(1) of the Act on the Observation, etc. of Protection, etc., the Defendant lent multiple accessible media, the Defendant’s leased media was used for the crime of Bosing fraud, etc., unfavorable circumstances, such as the Defendant’s failure to obtain profits from the instant crime, favorable circumstances, such as the Defendant’s criminal record, age, family environment, motive and circumstance of the crime, and circumstances after the crime, etc., shall be determined as indicated in the Disposition.

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