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(영문) 창원지방법원 2017.07.06 2017고단1354
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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

Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium or distribute, keep and deliver any access medium while demanding, demanding, or promising to provide, demand, or promise the compensation.

Nevertheless, on February 22, 2017, the Defendant received a proposal from a person who was in the name of the Defendant, stating that “If it is necessary to distribute taxes of foreign online game companies, only one month in which the foreign online game company’s account and its access media are lent, it would offer KRW 3 million,000,000,000,000.” On the same day, the Defendant issued the personal check card and its password of the bank account in the name of the Defendant at the C office located in Kimhae-si, Kimhae-si, using Kwikkset’s service.

Accordingly, the defendant promised to receive compensation, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a certificate of deposit confirmation and certificate of deposit transaction;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. According to the reasons for sentencing under Article 62(1) of the Criminal Act (the following favorable circumstances among the reasons for sentencing), the sentence as set forth in the Disposition shall be determined by fully taking into account the following circumstances: (a) the age, sexual conduct, environment, motive, means and consequence of the crime; and (b) the conditions for sentencing as set forth in the instant case, including the circumstances after the crime.

The favorable circumstances: The defendant has been led to his confession in depth, and there is no benefit from the crime of this case, and the defendant has no record of criminal punishment: The access media lent to the crime of this case has been used for other frauds.

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