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(영문) 의정부지방법원 2017.11.20 2017고단4337
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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, while receiving, demanding or promising to receive, demand or promise any compensation.

Nevertheless, on June 15, 2017, the Defendant was receiving a distributed account for the amount of money due to the revision of alcoholic beverage tax in 2017 from the nameless person who was introduced as the director of Section C of Company B as the director of Section C.

3 At the end of the day, the total amount per unit of the Gu shall be 2.1 million won per unit.

The customer shall not be subject to taxes in the future or illegal parts, and personal documents related to personal affairs shall not be required to be shipped out.

“Report on the advertisement “” was made by the Kakao Stockholm, and the name in the name in the name in the name in the name in the name of the Defendant, the new bank account under the name of the Defendant (D), the bank account (E), the serial number of the passbook, and the physical card password of the Saemaul Bank Account (F) in the name of the Defendant, and the bank account in the name of the Defendant was notified, and around June 16, 2017, leased three access media using one copy of the physical card connected to the above accounts at H located in the Jung-gu Seoul Metropolitan Government, Jung-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Each description of the petition and written statement;

1. Application of the respective Acts and subordinate statutes to each entry in a financial transaction statement, reply based on a warrant, statement of details of transactions, inquiry of details of transactions, certificate of details by member transaction account, and copy of each passbook;

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

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. (the instant case).

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