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(영문) 창원지방법원 2018.08.09 2018고단1496
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 becomes final and conclusive.

Reasons

Punishment of the crime

No one shall borrow or lend any access medium, keep, deliver or distribute any access medium used in electronic financial transactions with intent to use it for a crime or knowing that it is to be used for a crime, unless otherwise expressly provided for in other Acts and subordinate statutes.

Nevertheless, on January 2018, the Defendant extended the Kakao Stockholm message from a person under the name named as B Company C’s agent, “If the Defendant lends the Kakao Stockholm card to be used as the settlement account for the reduction of and exemption from taxes on the distribution price of the B Company, the Defendant will grant three million won after using it for five days.

“After receiving the proposal,” and accepting it, around 15:00 on January 22, 2018, 2018, it sent to Kwikset service employees sent two physical cards connected to two (F and G) accounts in the name of the Defendant on the roads in front of the Kim Jong-si Co., Ltd., Ltd., the Kim Jong-si, Kim Jong-si.

As a result, the defendant promised to receive the price for the purpose of using the access media for crime.

Summary of Evidence

1. Statement by the defendant in court;

1. A H statement;

1. Response to financial transaction information;

1. Application of the laws and regulations on outputs of the Kakao Stockholm conversation

1. Article 49 (4) 2, and Article 6 (3) 2 and 6 (3) 3 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. Article 62 (1) of the Criminal Act on the stay of execution (the first offender, the point of time of committing a crime and reflectivity, the second damage has not occurred, the age, sex, environment, motive for committing a crime, circumstances after committing a crime, etc.);

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