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(영문) 서울남부지방법원 2019.11.27 2019고단2612
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

No person shall borrow or lend a means of access while demanding, demanding or promising compensation.

Nevertheless, the Defendant, on November 12, 2018, lent 1.5 million won per account to the bearer bank account under the name of the Defendant through Kwikset Service, referring to the corporate bank account under the name of the Defendant (B), referring to the new bank account (C), 1.5 million won per account if the account is required for tax reduction and exemption, and the bank account is lent to the bearer bank account under the name of the Defendant, 3, and 1.5 million won per account, respectively.

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. Application of the details of transactions, replies to details of financial transactions, and statutes on account transactions;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons unfavorable to sentencing under Article 62(1) of the Criminal Act: The act of lending the means of access is a crime that is highly likely to be used for such crimes as evasion of taxes, gambling, and painting.

The defendant lent three physical cards for the purpose of receiving compensation, and the physical card actually used to commit fraud and has caused damage, so the responsibility for the crime is not easy.

The defendant is recognized to commit a crime in favor of him.

There seems to be no benefit acquired from the crime of this case.

There is no history of criminal punishment exceeding a fine.

As above, the defendant's favorable circumstances and other conditions of sentencing, such as the defendant's age, character and conduct, motive, background, means and consequence of the crime, the circumstances after the crime, etc., and the records.

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