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(영문) 수원지방법원 안양지원 2017.10.24 2017고단1520
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 10, 2016, the Defendant received the Kakao Stockholm message from the deceased on the street in front of the Gyeyang-si distribution complex, “I will lend the passbook to 500,000 won only for three days.” On the other hand, through Kwikset service article sent by the deceased on the part of the Defendant, one copy of each physical card linked to the accounts of the company bank (B and C) in the name of the Defendant, and sent the password to Kwikset service article, and notified the password to Kakao Stockholm.

As a result, the Defendant promised to pay to the above name-free party, and lent the access media necessary for electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes on the transactions of deposits and withdrawals, and the details of replies by companies;

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. Reasons for sentencing under Article 62(1) of the Criminal Act - Reasons for sentencing in favor of the defendant under Article 62(1) of the suspended sentence - Circumstances: The defendant acknowledges his mistake, and the defendant has no record of outside the punishment for a single fine for another type of crime; unfavorable circumstances: Lending a medium of access that can be used for a crime, such as Bosing, receiving money, etc., and the nature of the crime is not good;

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