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(영문) 광주지방법원 2019.01.29 2018고단2266

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six 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

No person shall, in using and managing a means of access used in electronic financial transactions, borrow or lend a means of access, or keep, deliver or distribute a means of access, requiring or promising to receive any consideration.

Nevertheless, on January 2018, the Defendant listened to the speech that “the account is a liquor company, which requires tax reduction and exemption. If the Defendant sent a e-mail card, KRW 700,000,000,” and then sent the e-mail card under the name of the Defendant to the address where the non-holder of the e-mail card was known.”

Accordingly, the Defendant promised to receive compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements (including attached documents);

1. Application of the Acts and subordinate statutes on G dialogue;

1. Relevant Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act concerning criminal facts, and the choice of imprisonment with labor;

1. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered in consideration of the following circumstances: (a) the Defendant’s age, character and conduct, environment, family relationship, motive and consequence of the crime; and (b) the circumstances constituting the conditions of sentencing as shown in the instant pleadings.

favorable sentencing factors: The fact that the crime is recognized and closely reflects on the fact that there is no record of criminal punishment exceeding a fine, the fact that the gains acquired by the crime of this case are not confirmed by the crime of this case: The means of access leased by the defendant has been actually used for loan fraud, the existence of the so-called one-called one-called one for various kinds of crimes, such as Bosing fraud, is essential, and the use of such one-called one is widely known to the general public. Therefore, it is highly necessary to prevent recurrence of similar cases through strong punishment for its supply.