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(영문) 광주지방법원 2019.07.18 2019고단1155
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

No person shall, in using and managing a means of access used in electronic financial transactions, borrow or lend a means of access, or keep, deliver or distribute a means of access, requiring or promising to receive any consideration.

Nevertheless, on January 1, 2019, the Defendant heard that “The head of a liquor company is the head of a liquor company, and will use and return a card to 300,000 won on a main day by lending the card for tax saving.” On January 12, 2019, the Defendant sent one physical card linked to the D account in the name of the Defendant in the Gwangju Mine-gu, Gwangju Mine-gu, which was sent on January 12, 2019.

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

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes to a detailed statement of deposit transactions, search, seizure and verification warrant (including attached documents);

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. On the grounds of the suspended sentence under Article 62(1) of the 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; and (b) the circumstances constituting the conditions of sentencing as shown in the instant pleadings.

favorable sentencing factors: The fact that the defendant recognized the crime, is a first offender who has no record of crime, the fact that the profit acquired by the crime of this case is not confirmed: The means of access leased by the defendant was actually used for loan fraud, the existence of the so-called one-called one-called one-way one-way one for various types of crimes, such as the crime of Bosing fraud, is essential, and the use of such one-way one is widely known to the general public. Thus, the same is similar through strong punishment for the supply of it.

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