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(영문) 대전지방법원 2017.06.28 2017고단761
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 becomes final and conclusive.

Reasons

Punishment of the crime

No person shall issue a transaction instruction of an electronic financial transaction while receiving, demanding or promising any consideration, or lend or lend any access medium used to secure the authenticity and accuracy of the users and the details of such transaction.

On November 12, 2016, the Defendant: (a) received a proposal from the person in secret name from the person in secret name to the mobile phone in Daejeon-gu Daejeon-gu, Daejeon-gu, that “I will give KRW 8 million if I lend three passbooks to one month; (b)” and (c) lent the access media in return for payment through Kwikset Service Articles to receive from the person in secret name to the person in secret through Kwikset-based. (c) At around 14:00 the same day, at the front of the D-based restaurant located in the above C-V distance, the Defendant borrowed the Defendant’s post office account (E), corporate bank account (F), and the Nong account (G).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A trade copy and a detailed statement;

1. Application of the Act and subordinate statutes to investigative reports (Attachment of Data on Details of Financial Transactions A submitted by suspects);

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on 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. The Defendant’s crime with the reason for sentencing under Article 62(1) of the Act on the Suspension of Execution not only disturbs the credibility of the safety performance of electronic financial transactions, but also causes damage to many and unspecified persons because it can be used for the crime such as the singishing crime, etc., under the circumstances unfavorable to the Defendant that the Defendant actually suffered damage to the fraud of KRW 4,340,80 by using the Defendant’s lending account, confession and reflects, the Defendant made an agreement to pay the above money to the above H, and the fact that the Defendant has no record of the same kind of crime shall be considered as

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