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(영문) 의정부지방법원 2018.11.15 2018고단2223
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

No person shall borrow or lend any access medium, or store, deliver or distribute it while receiving, demanding or promising to receive any consideration.

On November 17, 2017, the Defendant borrowed an account from a person in unsound name to reduce liquor tax.

It is intended to lend a check card in the amount of KRW 300,000 for one month of the account.

“ receives a proposal.”

On the same day in response to the proposal, the defendant delivered each physical card connected to the deposit account (C) in the name of the defendant and the deposit account (D) in the name of the defendant to Kwikset Service from the rest area in Yongsan-gu, Yongsan-gu, Seoul, 135-9.

Accordingly, the defendant promised to receive compensation and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on internal investigation (a certificate of confirmation of transfers and a statement of transactions with agricultural cooperatives attached thereto);

1. Application of the Acts and subordinate statutes to report on investigation (where transaction is accompanied by bankbooks under suspect name);

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

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the punishment of the crime in the instant case is not minor in light of the content and result of the crime.

However, the defendant shows his attitude to see and reflect his mistake.

The defendant has no criminal records of the same kind and has no criminal records of suspended execution.

In addition, the punishment shall be determined by comprehensively taking into account the various circumstances shown in the arguments in this case, such as the defendant's age, sex, environment, motive and background leading to the crime, and circumstances before and after the crime.

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