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(영문) 광주지방법원순천지원 2020.09.08 2019고단2541
전자금융거래법위반
Text

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

In using and managing a means of access for electronic financial transactions, no one shall borrow or lend a means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on August 1, 2019, the Defendant received a proposal from a person who was not the deceased on his name to use the check card for the purpose of reducing or exempting taxes in writing, and consented to the proposal on the three-day lending of the three-day lending, and sent the check card to the deceased on his name through Kwikset-based service, which is linked to the Defendant’s personal compromise account (C) in front of Mayang-si B on September 16, 2018.

Accordingly, the Defendant promised to receive compensation and lent the means of access for electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. A detailed statement of deposit;

1. Information on the Defendant’s account;

1. Application of Acts and subordinate statutes on the account of Defendant

1. Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297 of May 19, 202), the pertinent provision on criminal facts, and the choice of imprisonment with labor

1. Article 62 (1) of the Criminal Act (i.e., recognition of and rebuttals on a suspended sentence, and consideration of the fact that there are no same criminal records and no criminal records exceeding the fine, etc.);

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