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(영문) 수원지방법원 여주지원 2019.08.09 2019고단595
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

Except as otherwise expressly provided for in any other Act, no one shall borrow or lend a means of access, or store, deliver or distribute a means of electronic financial transactions in receiving, demanding or promising the payment.

Nevertheless, on May 2018, the Defendant received a proposal from a person who was not the deceased in the name of the Defendant that “it is necessary to engage in bitco-related transactions. The Defendant would provide one million won when lending only three months to a third party. In response, the Defendant received one check connected to the national bank account (B) in the name of the Defendant before the transfer station in both documents of the same day, and received one million won in cash from the male in the name of the Defendant before the transfer station in both documents of the same day.

Accordingly, the Defendant lent the means of access while receiving, demanding or promising compensation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of statutes on details of financial transactions;

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

1. The fact that one million won was received in return for the lending of the means of access for the reasons for sentencing under Article 62(1) of the Criminal Act shall be considered unfavorable circumstances, and the fact that the person is dead and reflects the fact, and the motive leading to the commission of the crime, economic form, etc. shall be considered favorable circumstances.

In this regard, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, behavior and environment, are determined as above.

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