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(영문) 수원지방법원 안산지원 2019.05.31 2019고단559
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 16, 2018, 15:00, the Defendant extended the means of access to electronic financial transactions by informing Kwikseter of the number of Kwikseter's account in the name of the Defendant, with the condition that 3:00,000 won shall be paid from his/her name in front of the company for which the Defendant works in B on November 16, 2018, at least 3:00,000 won per 3,000 won per 3,000,000 won per 3,000,000

Summary of Evidence

1. Defendant's legal statement;

1. Details of banking transactions;

1. Contents of text;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to statement of a victim);

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Circumstances unfavorable to sentencing under Article 62(1) of the Criminal Act: The lending of the means of access not only undermines the stability of electronic financial transactions and trust, but also provides the means of other crimes, such as Bosing, etc. In fact, social harm is serious and it is necessary to punish the means of access. Indeed, circumstances favorable to the fact that the means of access leased by the Defendant was used for Bosing crimes: The act is recognized and reflects the crime; the primary offender is the primary offender; and other factors of punishment as indicated in the trial process, such as the Defendant’s age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime

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