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(영문) 창원지방법원 통영지원 2018.09.19 2018고단758
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, with the intention of receiving, demanding or promising the payment thereof.

Nevertheless, the Defendant, on April 2018, misrepresented the operator of a soil site and sent text messages to the police officer at the early May 2018.

On the 10th day of the same month, after receiving a proposal from a person with no name, that “it is necessary to keep an account for distributing profits in operating the Saturdays, it is intended to issue a gift certificate of KRW 3 million and KRW 300,000 per cash per body card when sending a physical card,” and accepted it. On the 10th day of the same month, the post office located in the ancient-dong, Sin-si, Seoul, sent a physical card connected to the name of the defendant to “the head of Yongsan-gu Seoul, Yongsan-gu, Seoul, the head of the Sin-gu, the head of the Sin-dong, the head of the Sin-dong, the head of the Sin-dong, and the head of the Sin-dong, the head of the Sin-dong, the head of the Sin-dong, the head of the Sin-dong, the head

Accordingly, the defendant transferred the access media to the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. A document verifying the body of others, a written application for a compromise transaction, a written inquiry about transaction details, a written inquiry about customer information, account information, and a statement of transaction;

1. Application of the Acts and subordinate statutes to report on investigation (to attach a copy of suspect A head of Tong);

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. The grounds for sentencing under Article 62(1) of the suspended sentence under the Criminal Act include the following: (a) the Defendant’s access media that was lent to the Defendant for the purpose of easily punishing the money was generated by using it for the singishing crime; and (b) the Defendant’s age, sex, environment, motive and circumstance of the crime; and (c) the various conditions for sentencing under Article 51 of the Criminal Act, including the Defendant’s age, sex, background, and circumstances after the crime

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