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(영문) 대전지방법원 논산지원 2019.05.21 2018고단259
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 one shall commit any act of lending a means of access with promise to use and manage the means of access.

Nevertheless, at around 12:30 on January 9, 2018, the Defendant received a proposal from “B,” a person who assumes the position of an employee of a liquor company, to pay KRW 3 million per e-mail card if he/she lends the e-mail card for the purpose of tax saving.” On the 12th day of the same month, the Defendant sent the e-mail card and its password connected to the d bank account (E) and the FF association account under the name of the Defendant, through Kwikset Service.

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

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. The police statement of H;

1. Application of Acts and subordinate statutes on the details of deposit transactions and account transactions;

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. Article 62 (1) of the Criminal Act;

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