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(영문) 광주지방법원 2019.05.30 2019고단419
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 receiving, demanding or promising compensation, except as otherwise expressly provided for in other Acts, even if the defendant was unable to do so, he/she received a proposal from a person whose name is unknown on June 25, 2018 to the effect that "to pay money to him/her for the purpose of tax saving, if he/she is in need of tax saving." The defendant sent a physical card connected to the B bank account (C) in the name of the defendant using his/her home to a person whose name is unknown, and notified him/her of the password by text message.

Accordingly, the Defendant promised to pay for, and lent the means of electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the receipt statute

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

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the sentence shall be determined as ordered in consideration of the following circumstances: (a) the Defendant’s age, character and conduct, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc. and the conditions of sentencing as shown in the argument of this case.

favorable sentencing factors: The fact that the crime is recognized and in depth reflects the fact that the profit acquired by the crime of this case is not confirmed, the means of access leased by the defendant is actually used for the loan fraud, the defendant appears to have committed the crime of this case during the period of suspension of execution, and the existence of the so-called one-called one-called one-called one-way one for various kinds of crimes, such as the Bosing Fraud, is essential, and the use of such one-way one is widely known to the general public, so strong punishment against the act of supplying it.

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