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(영문) 대구지방법원 2019.07.04 2019고단2162
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

No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access in receiving, demanding or promising compensation.

Nevertheless, on January 8, 2019, the Defendant sought a e-mail card from a nameless person to reduce the tax imposed on foreign workers. The Defendant borrowed e-mail card, 6 million won per first week, and 2 million won per week thereafter. In response to the proposal, the Defendant sent e-mail card two copies of the e-mail card connected to the new financial investment account in the name of the Defendant through Kwikset Service Articles on the e-mail at the e-si of the same day, Daegu, Daegu, through Kwikset Service Articles, and lent e-mail card two copies of the e-mail card connected to the new financial investment account in the name of the Defendant, and notified the account number and password of each of the above accounts to F, promising to make compensation.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning G;

1. Account details;

1. Application of the F dialogue-related Acts and subordinate statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant lent the means of access, and the liability for the offense is not somewhat weak, such as the leased means of access is used for fraud.

However, the circumstances that form the sentencing conditions indicated in the records of this case, such as the Defendant’s age, character and conduct, family relationship, circumstances leading to the crime, and the circumstances after the crime, etc., shall be determined by taking into account the following factors: (a) the Defendant’s acknowledgement of the instant crime and reflects the criminal history; and (b) the primary offender

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