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(영문) 수원지방법원 여주지원 2018.04.18 2018고단100
전자금융거래법위반
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no one shall demand and lend any access medium used in electronic financial transactions while promising to demand and supply the consideration.

Nevertheless, on October 10, 2017, the Defendant: (a) received text messages from a person in the name of the deceased who borrowed a e-mail card to “three million won per e-mail account; (b) lent three e-mail cards to a person in the name of the deceased; and (c) promised to receive KRW 10 million from the Defendant’s office in the name of the deceased; and (d) promised to deliver each e-mail card and password for three accounts, such as Kwikset-si’s Account (C); (d) and (E), through Kwikset-si’s service articles in the name of the Defendant’s office located in E-si; and (e) promised to provide the financial institution’s access media by delivering each e-mail card and password to the person in the name of the deceased.

Summary of Evidence

1. Statement by the defendant in court;

1. To receive civil petitions for the national examination of the F prepared;

1. A investigation report (Attachment of transaction details of agricultural cooperatives under A), transaction details;

1. Application of Acts and subordinate statutes on investigation reports (report on the details of transactions with A additional account of a suspect and on the contents of Kakao dialogue with the transferee of the Kaka Card);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act was known to be used in illegal days, and the Defendant’s access media used in the actual fraud crime, thereby causing damage.

There is no record of criminal punishment against the defendant, and there is no record of criminal punishment exceeding the same criminal record or fine.

In addition, the defendant's age, sex, environment, motive and background of the crime, circumstances after the crime, etc. shall be considered together, and the punishment shall be determined as per the order.

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