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(영문) 수원지방법원 안산지원 2017.04.12 2017고단245
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall borrow, lend, or store, deliver or distribute any access medium while receiving, demanding or promising any consideration in using or managing any access medium used in electronic financial transactions.

Nevertheless, on October 2016, the Defendant was engaged in soliciting a borrowed account for the purpose of saving tax as a company specializing in leasing heavy equipment, from a person who was in the name of the first police officer.

On October 27, 2016, Kwikset service, which sent the above names to the 55th apartment guard room of the members of Ansan-si, Nowon-gu, Seoul, by communicating with the word "2 million won per head of the Tong", and received KRW 2 million per 1,00,000 won per 2,00,000 won per 2,00 won per 1,000,000 won per 2,000 won per 2,000 won per 2,000,000 won per 1,000,000 won per 1,000,000

A total of three card (Account Number D) in a new bank account was sent to a name-free person, and the password was known to Kakao Stockholm.

Accordingly, the defendant demanded and promised three copies of the above e-mail card, which is a access medium used in electronic financial transactions.

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 criminal investigation report (Submission of Criminal Suspect Account), investigation report (Attachment of Account Details);

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 reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act was known to be used for illegal purposes, and the access media is not likely to be subject to criticism in light of the fact that the access media was used for the criminal act of Bosing.

However, it is advantageous to the fact that the defendant has led to a confession and reflect on the crime, has no record of being punished for the same kind of crime, and there is no profit gained by the crime of this case.

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