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(영문) 대전지방법원 천안지원 2018.05.17 2018고단495
전자금융거래법위반
Text

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

except that the execution of a sentence shall be deferred for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 17:00 on October 30, 2017, the Defendant sought a borrowed account to be used in a sports betting company from a person who introduced him/her as B agent, and sent a e-mail card owned by the Defendant, he/she received a mobile phone text message to pay KRW 3.3 million per 1,300,000 to the Defendant’s national bank account number (C), the bank account number (D, E), and the above bank account number (D, E), and sent it to Kwikset service article on October 31, 2017, using the cell phone text message to the Defendant’s national bank account number (C), the bank account number (D, E), and the above account number (D, and 11:50 on October 31, 2017).

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol (G);

1. Application of the details of transfer and response data of financial institutions to statutes;

1. Article 49 (4) 1 and Article 6 (3) 1 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 the suspended sentence under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing), the background of the instant crime, the account in the criminal facts, and the occurrence of singishing damage by abusing the account, the number of access media transferred by the Defendant, the fact that there is no benefit of the Defendant from the instant case, the Defendant has no record of criminal punishment, and the Defendant’s property status.

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