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(영문) 의정부지방법원 2018.09.12 2018고단2883
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

No person shall borrow or lend any access medium, or store, deliver or distribute it while receiving, demanding or promising to receive any consideration.

Nevertheless, on April 2, 2018, the defendant is a sports Saturday company, which needs to be used as a passbook for entry and departure.

The bank shall send a 3.5 million won to one account, 2.8 million won to 3.5 million won, and 8 million won to 2.

different types.

Upon receipt of the proposal ", around April 4, 2018, through the delivery of door-to-door-to-door-to-door-to-door-to-door-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face (D)

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

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

1. Search and seizure inspection warrant and reply materials;

1. The application of the provisions of Acts and subordinate statutes on the loan of the head of a Tong and the contents of G letters sent to the suspect and the borrower;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Article 40 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order (in the case of this case, sentencing guidelines are not set) is that the Defendant lent the approaching medium upon receiving a promise to pay. The lending of such an approaching medium may not only impair the credibility of the safety performance of electronic financial transactions, but also be abused for other crimes, such as Bosping, etc.

However, the defendant recognized his mistake and is in profoundly against his will, and the defendant.

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