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(영문) 광주지방법원 순천지원 2018.11.30 2018고단1429
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

On April 8, 2018, the Defendant offered the proposal that “I will use the eck card for three days,” and sent the eck card connected to the Defendant’s name Busan Bank account (D) and the eck card and the eck card and the agricultural bank account (E) to the designated place by the non-sicker.

Accordingly, the defendant agreed to pay the price and lent the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Written confirmation on the results of transfer, reply- Busan Bank;

1. Application of Acts and subordinate statutes on account transactions;

1. Article 49 (4) 2 of the Act on Electronic Financial Transactions and the main sentence of Article 6 (3) 2 of the same Act 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 reasons for sentencing under the main sentence of Article 62(1) of the suspended sentence under the Criminal Act include lending multiple accessible media, disadvantageous circumstances such as the Defendant’s lending of access media, the use of the access media by the Defendant for the commission of phishing fraud, the Defendant did not have a criminal record, the Defendant was unable to obtain profits from the instant crime, favorable circumstances such as the Defendant’s failure to obtain profits from the instant crime, the Defendant’s age, family environment, motive and circumstance of the instant crime, and the circumstances after the commission of the crime, etc., shall be determined as ordered by the order.

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