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(영문) 창원지방법원 2017.07.06 2017고단1628
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

No person shall lend an access medium while demanding, demanding or promising the consideration.

Nevertheless, on May 2016, the Defendant promised to lend access media from a person without his name to pay 30 to 50 million won per face-to-face account, and accepted such promise. On May 1, 2016, the Defendant used cash card, which is a access medium connected to the Kwikset Account (C) and a access medium connected to the post office account (C) on the front side of the first apartment house located in Changwon-si, Changwon-si, Changwon-si, Seoul, the name of the Defendant used the cash card, which is a access medium connected to the Kwikset Service Account (C) to a person with no name.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on trading;

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. According to the reasons for sentencing under Article 62(1) of the Criminal Act (the following favorable circumstances among the reasons for sentencing), the sentence as set forth in the Disposition shall be determined by fully taking into account the following circumstances: (a) the age, sexual conduct, environment, motive, means and consequence of the crime; and (b) the conditions for sentencing as set forth in the instant case, including the circumstances after the crime.

The favorable circumstances: The defendant has long been sentenced to a fine for minor crimes of this kind, and there are no special criminal records, confession, and his mistake is divided, and the defendant seems to have no profit from the crime of this case: The access media lent to the crime of this case has been used for other fraudulent crimes.

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