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(영문) 대전지방법원 천안지원 2017.08.10 2017고단1186
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of a sentence shall be deferred for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 2, 2016, the Defendant: (a) was a company conducting sports discussions from a person who was named “B” through the Kakao Stockholm conversation; (b) was leased the passbook due to tax issues; and (c) was given a loan of the passbook, the Defendant would give KRW 3 million to the head of the passbook if he/she leased the passbook.

“A proposal has been received.”

On January 24, 2017, at Asan-si Hospital, the Defendant sent two total numbers, including one physical card connected to the corporate bank account (D) in the name of the Defendant, and one physical card connected to the new bank account (E), to a person whose name is unknown through Kwikset Service.

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 statement protocol (F, G);

1. Report on internal investigation (Attachment of the result of execution of a warrant of search and inspection);

1. Application of Acts and subordinate statutes to a detailed statement of cash payment and materials to reply to a financial warrant;

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 reason for the suspended sentence under Article 62(1) of the Criminal Act is that the instant crime was committed and the account recorded in the criminal facts was abused, thereby causing singishing damage. The Defendant’s attitude in investigative agencies and this court, the number of media accessible to the Defendant transferred by the Defendant is two; the Defendant has no record of criminal punishment; the Defendant has no record of criminal punishment; and the Defendant’s financial status.

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