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(영문) 대구지방법원 2018.02.28 2017고단6771

전자금융거래법위반

Text

A defendant shall be punished by imprisonment with prison labor 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 provided for in other Acts, no one shall lend any access medium with the receipt, request or promise of compensation in using and managing the access medium.

On August 2017, the Defendant would offer KRW 2,100,000 as the use price for three days if he/she borrowed an account necessary for tax reduction or exemption by telephone from a person who is not the name of the Defendant.

Around August 2017, after receiving a proposal to the effect that “,” and accepting it, a head of the Cze Card, linked to the post office account (Account Number: E) in the name of the defendant, was sent to the person in the name of the defendant, through Kwikset service article.

Accordingly, the defendant lent the access media in return for the promise of compensation.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to details of transactions, as a result of the settlement of a petition, a gold account transfer;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing conditions indicated in the records, such as the Defendant’s age, sex, environment, motive and circumstances after the crime, etc. are considered in light of the following: (a) the account of the access media leased by the Defendant for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act was used for singing crimes; (b) the Defendant’s reflection of the Defendant’s opposite nature; and