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(영문) 창원지방법원 2018.08.09 2018고단530
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

On February 2, 2017, the Defendant accepted the proposal that “I will pay KRW 20 million per month on the basis of KRW 50,000,000,000,000,000 in consideration of the lease of the head of the Tong and the physical card from the person in an influence to the name of the deceased.”

Accordingly, on February 17, 2017, the Defendant sent a name-free statement to Kwikset service article by inserting a head of Tong, which is an access medium connected to the Defendant’s new bank account (D) in the name of the Defendant’s wife, at the front of 103 Dong Dong 1902, B apartment house 103-dong 1902.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. Application of Acts and subordinate statutes on the copy, receipt of remittance confirmation, and details of account transactions in E Saemaul Bank, etc.;

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. Article 62(1) of the suspended execution of the Criminal Act (see, e.g., Article 62(1) of the Criminal Act (i.e., the confession of the defendant, and his mistake is pened in depth, and there is no previous conviction after he was punished as a crime of fraud in around 2006, and the defendant seems to have no benefit from the crime of this case);

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