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(영문) 창원지방법원 2017.06.13 2017고단726
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 20, 2016, the Defendant was sentenced to a suspended sentence of two years for the crime of forging private documents at the Changwon District Court on July 20, 2016, and the said judgment became final and conclusive on July 28, 2016.

No person shall lend any medium access to electronic financial transactions while receiving, demanding or promising such consideration.

On June 24, 2016, the Defendant offered to the post office located in Seongdong-gu, Sungwon-si, Sungwon-si, to “be given payment by 2% of the revenue deposited in the sports territory of KRW 100,000 on the loan of the head of the Tong to use for the sports territory.” On the condition of lending the account, the Defendant promised to receive a certain amount of money, such as KRW 100,000 and 2% of the deposit amount of the relevant account, and then, the Defendant offered Kwikkset-si’s access media, such as physical cards, passwords, connected to the Agricultural Bank Account (B) under the name of the Defendant, and received KRW 10,000 from the person who was under the above name of the Defendant on the 28th of the same month.

Accordingly, the defendant lent the approaching media while receiving or promising the consideration.

Summary of Evidence

Application of each of the Defendant’s legal statements, written statements, and deposited evidence statutes

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected and Article 6 (3) 2 of the same Act (Selection of imprisonment);

2. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

4. The community service order under Article 62-2 of the Criminal Act;

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