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(영문) 창원지방법원 2018.09.20 2018고단1783
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

No person shall, in using or managing any access medium, borrow or lend the access medium while receiving, demanding or promising any consideration, or lend or lend the access medium with the knowledge that it will be used for a crime or to be used for a crime.

Nevertheless, on January 24, 2018, the Defendant listened to the statement that “if he operates alcoholic beverage companies, and lends physical cards and passwords necessary to save taxes for three days, he would pay KRW 2 million per account in return for one account.” On January 26, 2018, the Defendant sent one physical card connected to the Defendant’s bank account in front of the Defendant’s residence, through Kwikset service.

As a result, the Defendant promised to receive compensation and lent access media to another person while being aware that it will be used for crime at the same time, and lent the access media to another person.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Application of Acts and subordinate statutes to the statement of the entry and the text message;

1. Article 49 (4) 2, and Article 6 (3) 2 and 6 (3) 3 of the Act on the Electronic Financial Transactions for the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62(1) of the Criminal Act suspended execution (see, e.g., Article 62(1) of the Criminal Act (i., the fact that the defendant has no particular criminal record, and his mistake is repented in depth while making a confession, the fact that the defendant seems to have no profit gained from the crime of this case, and the fact that the amount of damage from the

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