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(영문) 서울남부지방법원 2019.08.23 2019고단3004
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, no one shall engage in any act of lending any means of access while receiving, demanding or promising to receive compensation, unless otherwise expressly provided for in other Acts.

Nevertheless, on December 2018, 2018, the Defendant received a proposal from a person who was deceased in the name of the first police officer to the effect that “ he operates a liquor company and needs to pay KRW 3 million per head of the physical card,” and accepted it, and around December 10, 2018, the Defendant issued one physical card connected to the Cbank (D) account in the name of the Defendant in the name of the Defendant through Kwikset Service, in front of the Defendant’s restaurant operated in Guro-gu Seoul Metropolitan Government.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Details of F dialogue, details of transfer, and application of statutes on financial transaction information;

1. Relevant Article 49(4)2 and Article 6(3)3 of the Electronic Financial Transactions Act concerning criminal facts, the choice of punishment, and the choice of imprisonment;

1. Circumstances favorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The court shall determine the sentence as ordered by taking full account of various circumstances, such as the Defendant’s age, character and conduct, environment, motive and means of crime and result of crime, etc., and the sentencing conditions shown in the records and arguments, including the fact that the means of access to which the means of access was used to commit the crime and that there was no previous conviction in the same kind: the amount of damage caused by the leased means of access; and the amount to be received in return for the lending is higher than the amount

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