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(영문) 대전지방법원 2017.12.05 2017고단3388
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

On December 2, 2016, the Defendant accepted the proposal that “C,” which was known through the posting of the Internet game site, was “C,” from a person who was unaware of the name, “C,” and “I, on the face of five-month lending of the passbook, will make 500,000 won per week.”

around that time, the Defendant issued KRW 50,000 to Kwikset Service Articles that sent the name in front of the Home Packer Daejeon, which is located in the Dong-gu Daejeon-ro 72, to Kwikset Service, and delivered the passbook, physical card, security card, and password to the account of the company bank in the name of the limited company D (representative E).

Accordingly, the defendant paid the price and lent the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Documents and written statements of G;

1. Application of Acts and subordinate statutes to notify details of transactions, details of entry and withdrawal, and data on the current status of financial transactions of companies banks (information on establishment and details of account transactions);

1. The applicable provision of Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts; the selection of imprisonment;

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

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the Defendant’s access media appears to have been used for committing fraud due to the act of transferring the Defendant’s access media, the fact that the damage has not been recovered is disadvantageous to the Defendant, or the fact that the Defendant led to the confession and reflect of the crime, the circumstances favorable to the Defendant, such as the fact that the Defendant did not have the same criminal record other than the punishment (suspension of execution and fine), and other factors of sentencing indicated in the records, such as the Defendant’s age, health status, occupation, family relationship, sex, environment, etc., shall be determined as ordered

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