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(영문) 광주지방법원 순천지원 2018.04.26 2017고단2711
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 other Acts, no person shall lend an access medium while demanding, demanding or promising the consideration in using and managing the access medium.

On August 1, 2017, the Defendant: (a) trusted the horses of the boxes who wish to lend KRW 3 million per month to one head of the Tong in front of the 104-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si; and (b) delivered a physical card to the needy by using one of his own postal accounts (C) and one of the Korean Scke-dong

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

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A E written statement (a document attached to the E’s written petition);

1. The application of Acts and subordinate statutes in full view of the following: (a) the copy of each passbook [the above evidence and the circumstances acknowledged by the defendant, i.e., ① contact between the defendant and the other party prior to the transfer cycle of each access medium; (b) the defendant newly opened and delivered the Korean Sgladddy account (D); and (c) the defendant sought assistance to an investigative agency at the time before and after the transfer of each access medium; and (d) there are no circumstances in which the defendant sought assistance from the investigative agency or made a report, it can be sufficiently recognized that the defendant promised to lend the access medium as stated in the facts charged in the instant case).

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

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

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 62-2 of the Social Service Order is that the crime of this case is not good, the criminal records of the defendant, the circumstances leading to the crime of this case, and the defendant's attitude to seriously reflect his mistake, and the character, conduct and family relationship of the defendant.

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