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(영문) 서울남부지방법원 2019.05.24 2019고단653
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 borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on October 2018, the Defendant received a proposal from the Buddhist Co., Ltd. to the effect that “I will pay 800,000 won each day of lending the Hen's account to use the Hen's account for the purpose of receiving the payment due to taxes for three days,” and then accepted it, around October 22, 2018, the Defendant sent the C-O's check card connected to the D-O's bank account in the name of the Defendant at the C office located in Yeongdeungpo-gu Seoul Metropolitan Government (E) around October 22, 2018.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes on financial transactions in the principal;

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

1. Circumstances favorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The sentence shall be determined as ordered by taking full account of various circumstances, including the fact that the means of access was used to commit the crime and the amount of damage was high, and the Defendant’s age, character and conduct, environment, motive and means of the crime, and consequence of the crime, as well as the circumstances after the crime, etc., which are the sentencing conditions shown in the records and arguments of this case, including the following circumstances.

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