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(영문) 인천지방법원 2019.03.28 2018고단9168
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In using and managing the means of access to electronic financial transactions, no one shall borrow or lend a means of access or keep, deliver or distribute a means of access while demanding, demanding or promising compensation, except as otherwise expressly provided for in other Acts.

On October 2017, the Defendant: (a) sent a physical card, etc. to a name-free person who stated that he/she would give a loan around 13:00 on the same day; (b) on October 15, 2018, the Defendant agreed to lend a physical card to a name-free person upon the contact that “on the face of lending an account to be used for tax reduction or exemption, 2:40,000 won will be used for three days if he/she lends it to the account to be used for tax reduction or exemption”; and (c) on the same day, at C located in Dong-gu Incheon Metropolitan City, Dong-gu, Incheon; (d) on the same day, the Defendant’s husband D’s E bank account (F) was dried to the name-free person by using a one copy of the physical card connected to the name-free person.

around 16:00 on August 22, 2018, the Defendant sent a personal identification number of the H bank account (I) under the name of the Defendant to the person under whose name the Defendant intended to borrow a loan from the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, and transferred the check card connected to the above account.

Summary of Evidence

"2018 Highest 9168"

1. Defendant's legal statement;

1. Statement to J police officers;

1. Transfer certificate, and the Financial Transactions Council "2019 order846";

1. Defendant's legal statement;

1. A statement prepared by K;

1. A detailed statement of the electronic counterpart bank account and a certificate of deposit transaction;

1. Application of statutes to the provision of financial transaction information in preparation of H banks;

1. Article 49 (4) 2, Article 6 (3) 2, and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense (a point of lending means of access), Article 49 (4) 1, and Article 6 (3) 1 of the Electronic Financial Transactions Act (a point of transferring means of access);

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution;

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