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(영문) 수원지방법원 안양지원 2019.06.26 2019고단743

전자금융거래법위반

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A defendant shall be punished by imprisonment 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 while receiving, demanding or promising compensation.

Nevertheless, the Defendant, through Kwikset service article, opened a physical card connected to the FF bank account in the name of the Defendant on December 14, 2018, at the time of the Gyeonggi-gu Makwikset Service article, at around 20:30 on December 20, 2018, the Defendant called “B enterprise C team leader, who is a real estate-related company, received the sales of the company as a real estate-related company and received the sales of the company to another person’s account for tax reduction and exemption.”

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A detailed statement of deposit transactions and a certificate of deposit transaction;

1. Application of the I course photograph Acts and subordinate statutes;

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. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to three years;

2. Determination of sentence: (a) comprehensively taking account of the following circumstances and the Defendant’s age, character and conduct, growth process, environment, motive, means and consequence of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the crime;

D. Unfavorable circumstances: The so-called large passbook, which is distributed by the instant crime, is the starting point of a crime that is planned and organized, such as Bosing and illegal gambling, and is highly likely to cause mass damage. Therefore, a strict punishment is required to eradicate it.

In fact, the means of access leased by the defendant was used for the crime of Bophishing, and the damage was not recovered properly.

The defendant's mistake is recognized.