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(영문) 창원지방법원 2018.06.14 2018고단634
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts and subordinate statutes, no one shall borrow or lend any access medium with the knowledge that it will be used for a crime or for receiving, demanding or promising any consideration.

Nevertheless, on October 2017, the Defendant called a telephone from a person who was in an unsound name, “Korea company is a logistics specialized company that imports or exports overseas, and intends to reduce taxes by trading in the name of an individual.

When sending a check card, 600,000 won shall be paid per day in return for each card.

A postal card shall be used for three days and shall be returned by mail.

On October 13, 2017, at around 15:00, after accepting the proposal, “C Office” sent to Kwikset Service Articles a passbook and a head of e-mail card connected to the post office account (D) under the name of the Defendant at the Chang-si, Chang-si, Seoul. On October 13, 2017. On October 16, 2017, the head of e-mail and the head of e-mail card connected to the new bank account under the name of the Defendant were sent to the above officers of Kwikset Service.

As a result, the defendant promised to receive the price with the knowledge that the access media will be used for crime.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application for opening of an account, details of account transactions, text messages, business registration certificates, cards, resident registration certificates, copies of resident registration certificates, certificates of employment, certificates of seal imprint, applications for subscription, and details of transactions;

1. Relevant Article 49 (4) 2 and 6 (3) 2 and 3 of the Electronic Financial Transactions Act concerning the facts constituting an offense and the choice of punishment, and the choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the defendant is at the time of committing a crime and reflects the defendant, which is favorable to the defendant, or lending the previous access media.

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