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(영문) 전주지방법원 군산지원 2018.07.27 2018고단422
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

Except as otherwise expressly provided for in other Acts, no person shall lend an access medium while demanding and promising the consideration.

Nevertheless, on October 13, 2017, the Defendant promised that “on the face of lending the e-mail card, three million won per account shall be paid per 3 million won per e-mail to the e-mail account” in front of the e-mail of the Sungsan-si Co., Ltd., Ltd., Ltd., which is located in 627, Namcheon-ro, Nam-ro, Namcheon-ro, Nam-do, and entered the access media, such as the e-mail card (B), e-mail card (C), e-mail, and password, connected to the e-mail account in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a criminal investigation report (detailed transaction details in the name of the suspect, and notification of the result of case processing);

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 reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is that the defendant recognized all of the crimes and reflects on the fact that there is no punishment heavier than a fine since 2000, which is favorable to the defendant, and that the defendant has the record of being punished once by a fine for the same kind of crime. The crime of this case is that the defendant already received the payment of the electronic financial transaction media and lent it to the third party, which is likely to undermine the trust in the electronic financial transaction and is highly likely to be used for other crimes, and that there is a need for strict punishment, considering the defendant's age, family relationship, sexual conduct, motive for the crime, etc.

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