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(영문) 대전지방법원 서산지원 2019.05.30 2019고단211
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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 the means of electronic financial transactions, no one may lend the means of access while promising any consideration, unless otherwise specifically provided for in any other Act.

On November 29, 2018, the Defendant: (a) received a proposal from a person without a personal name to the effect that “an account is required to deposit liquor prices to less pay liquor taxes; (b) would make 800,000 won per day when sending a physical card; (c) around December 13, 2018, the Defendant provided a means of access by delivering a physical card connected to the D Bank Account (E) in the name of the Defendant in Seosan-si B, Seosan-si; and (d) promised to provide a price by delivering it to the person with a personal name in return for a promise.

Summary of Evidence

1. Defendant's legal statement;

1. A statement prepared by the F;

1. A written petition;

1. Search and seizure warrant and reply;

1. Application of statutes governing the details of Giteracy submitted A;

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

1. As for the reasons for sentencing under Article 62(1) of the Criminal Act, the punishment should be strictly punished because there are many cases used as a means of other crimes. The means of access leased by the accused have been used as a means of actual fraud, the damage has occurred as a result of the Defendant’s use of the means of access to the same kind of crime, the fact that the Defendant has already been sentenced to suspension of indictment for the same kind of crime, the fact that the Defendant acknowledges and reflects the Defendant’s mistake, the fact that the Defendant did not obtain the benefit of the instant case, the first offender, and other favorable circumstances such as the Defendant’s age, character and behavior, environment, criminal background, and circumstances after the crime, etc

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