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(영문) 창원지방법원 2017.09.14 2017고단2740
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

On May 15, 2017, the Defendant would offer 2 million won when he/she borrowed a physical card for three (3) days since he/she had to operate a liquor company, due to tax issues.

“I hear the horses to the effect that “, on the same day, sent the physical card connected to the post office account (B) in the name of the Defendant using Kwikset services in front of the Busan Gangseo-gu Kim Jong-chul, Busan, and then sent the physical card to the above party.

Accordingly, the defendant promised to pay the price and lent the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Details of remittance;

1. Application of Acts and subordinate statutes on investigation reports (report on filing of criminal suspect Kakao Stockholm dialogue details);

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the following conditions favorable to the sentencing)

1. Sentencing criteria;

2. The access media of this case leased by the Defendant was actually used for licensing crimes.

Considering the purpose of the law in order to prevent additional crimes by strictly punishing the act of transferring or lending the access media, it is necessary to strictly ask the accused to be responsible for the crime.

However, the punishment as ordered shall be determined in consideration of the fact that the defendant makes a confession of crime and repents of errors, the fact that there is no record of criminal punishment, the age, sexual conduct, environment, etc. of the defendant, and the sentencing conditions shown in the records.

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