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(영문) 창원지방법원 마산지원 2019.02.12 2018고단1154
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access while demanding, demanding or promising compensation.

Nevertheless, the Defendant sent a passbook to a person whose name is unknown on April 10, 2018, and received a proposal from the person whose name is unknown, to raise credit rating and to pay the price, and then sent the passbook to a person whose name is unknown through the Defendant’s bank account (Account Number: C) passbook, physical card, andOTP card.

In addition, around June 14, 2018, the Defendant continued to present a bank account in the name of the Defendant (Account Number: E), passbook, check card,OTP card, and USB containing an authorized certificate (hereinafter “passbook, etc.”) on or around June 22, 2018, a F bank account in the name of the Defendant (Account Number: G) passbook, etc. on or around July 2, 2018, and a H bank account in the name of the Defendant (Account Number: I) passbook, etc. on or around July 30, 2018, and a J bank account in the name of the Defendant (Account Number: K) passbook, etc. on or around August 30, 2018, respectively, to a person whose name cannot be known by the same method.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the details of account transactions, details of account transactions, details of account transactions, details of account transactions, details of account transactions, and details of account transactions;

1. Article 49 (4) 2 of the Electronic Financial Transactions Act and Article 6 (3) 2 of the same Act concerning criminal facts, respectively;

1. Selection of penalty: Imprisonment with prison labor;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The latter part of Article 62-2 (1) of the Criminal Act and Article 59 of the Act on Probation, etc.;

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