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(영문) 수원지방법원 여주지원 2017.11.22 2017고단1275
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four 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

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, it is difficult for the Defendant to lend a loan because of the low credit rating while providing a false name or a loan counseling to a person who pretended to borrow a loan company on March 2017.

In lieu of sending the check card, etc., the transaction performance can be created, and a 20 million won Mabp passbook can be opened.

The postal card, etc. shall be returned after the opening of a Maspbook.

“After receiving a proposal to the effect that “, at around 15:00 on March 20, 2017, at C Et, in front of the new bank account (Account Number: D) in the name of the Defendant, three copies of the passbook, such as e-mail card and passbook connected to the new bank account (Account Number: E) in the name of the Defendant, e-mail card and passbook connected to the new bank account (Account Number:) in the name of the Defendant, and three copies of the passbook and three copies of the passbook, such as passbook card and passbook, which are linked to the new bank account (Account Number:F) in the name of the Defendant.

As a result, the Defendant promised to pay for the price and used the approaching media respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning interrogation of the police officer in G;

1. Copies of seizure records;

1. A copy of each account transaction;

1. Application of Acts and subordinate statutes to copies of seized articles;

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 imprisonment with prison labor chosen;

1. The sentence of suspended sentence under Article 62(1) of the Criminal Act is to be imposed in full view of the favorable circumstances, such as circumstances in which the access media leased by the defendant for the reason of sentencing appears to have been used for a financial fraud crime, including the circumstances in which there is no record of punishment heavier than that of the same crime and fine, and other favorable circumstances.

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