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(영문) 대전지방법원 천안지원 2017.07.20 2017고단993
전자금융거래법위반
Text

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

except that the execution of a sentence shall be deferred for 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 with the knowledge that it is intended to be used for a crime or intended to be used for a crime in using or managing the access medium.

Nevertheless, on March 29, 2016, the Defendant: (a) received a proposal from a person whose name is unknown to “to withdraw and deliver money for money laundering to operate a private soil,” and (b) delivered a physical card connected to the Defendant’s account for money laundering to a person whose name is not known by using the 50-40 million won per week per week from the week; and (c) around March 30, 2016, around 19:00, the Defendant sent the physical card connected to the Defendant’s name bank account (B) at the Seoul Central Terminal, Gangnam-gu Seoul Special Metropolitan City Integrated Terminal to a person whose name is unknown by using the 50-party physical card connected to the Defendant’s name bank account at the terminal home.

As a result, the Defendant lent access media with the knowledge that it will be used for a crime or used for a crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol (C);

1. Application of Acts and subordinate statutes to report internal investigation (related to response to financial information on corporate banks);

1. Relevant Article of the Act and Article 49 (4) 2 and Article 6 (3) 3 (Selection of Imprisonment with prison labor) of the Act on Electronic Financial Transactions for the Crime;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution (The favorable circumstances of the reasons for sentencing) lies in: (a) the background of the instant crime; (b) the account on the criminal facts were abused; and (c) the damage of KRW 4,895,00 was inflicted upon the Defendant; and (d) the Defendant lent a accessible medium with the knowledge that it would be used for the purpose of using the crime or for the crime; (b) the Defendant was more likely to be subject to criticism than lending the approaching medium while promising a consideration; and (c)

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