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(영문) 수원지방법원 2017.11.22 2017고단6321
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 provided for in other Acts, no person shall borrow or lend any access medium with the receipt, demand or promise of compensation in using and managing the access medium.

Nevertheless, around 15:00 on April 24, 2017, the Defendant promised to receive 1,500,000,000,000 won in one account lending money for the reduction of corporate tax from the person in a name and in a name and in two accounts, and lent the access media to Kwikset service articles who sent two copies of the physical card connected to the national bank account (Account Number C) and the new bank account (D) in the name of the Defendant, by promising to receive 1,50,000,000 won in one account, and 3,50,000,000 won in two.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in preparation of a letter of apology to E;

1. Application of statutes governing evidentiary materials and Kakao Stockholm details;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions (a point of lending an access medium) applicable to 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 the suspended sentence under Article 62(1) of the Criminal Act - the circumstances unfavorable to the reason for the sentencing (a favorable consideration of the reason for sentencing) - the accessible medium leased by the Defendant was actually used for the real financial crime. The favorable circumstances - the Defendant recognized all the criminal facts. - The Defendant is an initial criminal without any history of punishment. The sentencing is ordered in consideration of all the conditions of the sentencing revealed in the trial process in each of the above circumstances.

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