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(영문) 서울남부지방법원 2019.02.12 2018고단6294

전자금융거래법위반

Text

A defendant shall be punished by imprisonment with prison labor for four 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 lend a means of access used in an electronic financial transaction while receiving, demanding or promising any consideration therefor.

Around July 4, 2018, the Defendant received a proposal from his name in order to offer a loan fee of KRW 1,50,000 or KRW 2,00,000,000 if he borrowed a physical card from his name in order to reduce or exempt taxes. On July 4, 2018, the Defendant sent a physical card that is linked to the deposit account (E) in the name of his name to his name, and sent it to his name, by placing it on the two pages, so that he can deposit and withdraw from the deposit account (E) in the name of his name, at a business office located in Yangcheon-gu Seoul Metropolitan Government.

As a result, the Defendant promised to receive compensation from a person with no name, and lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes for verification;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (All circumstances, such as the confession of a criminal conduct and the absence of any record of punishment for the same crime);