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(영문) 창원지방법원 2019.01.31 2018고단2738
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall borrow or lend a means of access or keep, deliver or distribute a means of electronic financial transactions while demanding, demanding or promising to provide means of access.

On July 5, 2018, the Defendant: (a) received a proposal from a person whose name cannot be known by telephone; (b) “B Co., Ltd.’s agent; (c) we will give KRW 3 million per account to use physical cards as necessary to reduce taxes; and (d) accepted it on July 5, 2018; and (c) delivered two physical cards connected respectively to the F Bank Account in the name of the Defendant (Account Number: G) and H Bank Account (Account Number: I) and the H Bank Account (Account Number) to a person whose name cannot be known.

As a result, the Defendant promised to receive compensation and lent each means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to J police officers;

1. The authenticity and statement of K;

1. Details of deposits and application of new Acts and subordinate statutes on financial transaction information;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act (the first crime committed by the defendant without any criminal records; Article 62 (1) of the confessions; Article 62 (1) of the misunderstandings;

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