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(영문) 대구지방법원 2020.02.12 2019고단4905
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In using and managing a means of access, no one shall borrow or lend a means of access while demanding, demanding or promising compensation, unless otherwise specifically provided for in other Acts.

Nevertheless, on June 5, 2019, the Defendant received a proposal from a person who has no name to the name of the Defendant to the effect that “When he/she supplies alcoholic beverages, he/she lends 80,000 won per 1 head of the physical card and 2.4 million won per 3 days, he/she will use the physical card for the purpose of tax reduction or exemption.” On June 10, 2019, the Defendant sent two copies of the physical card connected to two accounts, such as the D Bank Account (Account Number: E) in the name of the Defendant, and F Bank Account (Account Number: G).

As a result, the Defendant promised to pay for, lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. A statement prepared by H;

1. Official receipt;

1. Application of Acts and subordinate statutes of each I conversation;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. In full view of all the circumstances, such as the confession of the defendant for sentencing under Article 62(1) of the Criminal Act and the fact that there is no record of criminal punishment, and the importance of legal interests infringed upon by the crime of this case, the sentence as ordered shall be imposed on the defendant.

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