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(영문) 창원지방법원 2018.06.28 2018고단895
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor 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

Except as otherwise expressly provided for in any other Act, no one shall borrow or lend any access medium used to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction to any third person while receiving, demanding or promising to do so.

Nevertheless, on November 1, 2017, the Defendant would pay KRW 300,000 per account per 4-day to a person who is a DNA Vice-head, whose name is unknown, from a person who is a Do Vice-head, in front of the window of Chang-si, Chang-si, who is not aware of the name.

“Hearing the horses to this purport, each e-mail card was sent to the national bank E account in the name of the defendant, and each e-mail card was sent to the F account in the name of the new bank, and the head of the above e-mail card was sent to Kwikset Service Articles whose name cannot be known in the mail envelope.

Accordingly, the Defendant lent to others access media by receiving and promising the price in the above manner.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. Application of Acts and subordinate statutes on transactions and details of entry and departure transactions;

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

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

1. Selection of imprisonment with prison labor chosen;

1. The act of lending a medium of access to the reasons for sentencing under Article 62(1) of the Criminal Act, which facilitates various crimes, such as tax evasion, Internet gambling, and Bosing, is highly harmful to the society.

However, the defendant seems to have an attitude to reflect by recognizing his mistake.

The Defendant had no record of punishment prior to the instant case.

The punishment shall be determined as ordered in consideration of all kinds of sentencing conditions shown in pleadings, such as the age, sex, environment, number of access media, and circumstances after the crime.

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