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(영문) 창원지방법원 2018.06.21 2017고단731
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

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

On January 10, 2017, the Defendant promised to receive KRW 5 million in total on the condition of lending an account in accordance with the proposal, and then, issued Kwikset-based access media, such as physical cards, passwords, and passwords, connected to the Defendant’s mother D’s post office account (E).

As a result, the Defendant promised to pay for, lent each approaching medium.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes on account transactions;

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. The act of lending a medium of access to the reasons for sentencing under Article 62(1) of the Criminal Act, which facilitates various crimes, such as tax evasion, Internet gambling, and Bosing, is highly harmful to the society.

However, the defendant has no record of punishment in addition to the punishment of a fine for driving without a license in 2002.

In light of the circumstances leading up to the instant crime, there were extenuating circumstances, and the Defendant voluntarily reported the loss within a short time after the transfer of the access medium, thereby reducing the damage.

The punishment shall be determined as ordered in consideration of all kinds of sentencing conditions shown in pleadings, such as the age, sex, environment, number of access media, and circumstances after the crime.

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