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(영문) 창원지방법원 통영지원 2018.02.22 2017고단1627
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal history] On July 9, 2008, the Defendant was sentenced to a fine of KRW 1.5 million by the Busan District Court due to a violation of the Electronic Financial Transactions Act.

[Criminal facts] No person shall issue a transaction instruction in electronic financial transactions or lend any access medium used to secure the authenticity and accuracy of users and transaction details at the same time.

Nevertheless, on August 24, 2017, the Defendant listened to the statement that he would pay KRW 300,000,000 per month to the Korean National Bank (B) account in his name on the front side of the Korean National Bank of Korea, which was located in ancient-dong on the front side of the Korean National Bank of Korea on August 24, 2017, “The Government would lease the Cock Card to receive customs benefits.” The Defendant sent the Cock Card to the Kwikset who sent the non-registered name, and received KRW 70,000 in return.

Accordingly, the defendant got a large amount of access media in return for payment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigation report (the result of execution of a warrant of search and inspection);

1. Deposits receipt;

1. A written petition;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The act of lending an electronic financial transaction access medium to another person on the grounds of sentencing Article 62-2 of the Social Service Order Criminal Act can cause damage to many and unspecified persons as it can be used for a crime. In fact, the account connected to the Defendant’s leased access medium was used for fraud.

In addition, in 2008, the defendant committed the crime of this case even though he was able to have been punished by a fine for the same crime, and even if he was able to have been able to have been able to have been able to cause such damage

(b).

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