(영문) 대구지방법원 포항지원 2017.03.16 2017고단1

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 포항지원 2017.03.16 2017고단1

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence 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 other Acts, no person shall lend or lend any access medium, or store, deliver or distribute it with the knowledge that such medium is to be used for a crime or to be used for such crime.

Nevertheless, on June 7, 2016, at around 13:00, the Defendant loaned 4 million won as interest per month from a person in unsound name at a place below the port of port of port of port of port of port of port of port of port of port of port of 2016: (a) the tax authority or investigation agency should not know it at the time of receiving interest, and (b) shall hear the statement that “the account for payment of interest shall be made, and the check card connected thereto shall be lent until the repayment of the principal and interest of the loan,” and the Defendant accepted it and delivered the check card connected to the Defendant’s Saemaul Bank Account (D) to the place designated by the said person’s name at the place designated by the said person.

Accordingly, the defendant, knowing that he will be used in the crime, lent a approaching medium.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of the Acts and subordinate statutes on response to banking transactions;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 3 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 Criminal Act of the suspended sentence include the following: (a) that the defendant repents his mistake; (b) that the defendant has no record of being punished for the same kind of crime; and (c) that the defendant has no record of being punished for the same kind of crime; and (d) the conditions for all the sentencing, including the defendant's age, sex

참조조문

-형법 제62조 제1항

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