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(영문) 서울남부지방법원 2019.11.25 2019고단5468
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

In using and managing a means of access, no one shall lend the means of access while demanding, demanding or promising compensation, unless otherwise specifically provided for in other Acts.

Nevertheless, the Defendant, on July 2019, issued a proposal to the effect that he would pay KRW 3,00,000,000 per head when he/she lent a physical card to be used for the tax evasion of a liquor company. On July 22, 2019, the Defendant issued the physical card to the above person in the name of the Defendant at his/her own account (E), another bank account (F), and G bank account (H) by a company located in Gangseo-gu Seoul Metropolitan Government, on July 22, 2019.

As a result, the Defendant promised to receive compensation and lent the means of access to the above person.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. A investigation report (verification of additional account number in a suspect A);

1. Application of statutes concerning the provision of financial transaction information;

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 reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution, the details and contents of the crime, the number of means of access leased, the number of cases where other crimes are used as the means of other crimes, and thus, it is necessary to strictly punish the above crimes. In reality, even in this case, the means of access leased by the Defendant appears to have been used for the crime of fraud and the damage therefrom is likely to have occurred. However, the fact that the Defendant recognized the crime, the fact that the Defendant seems to have no profit gained from the crime, the fact that there is no specific criminal record other than once before and after the crime, the fact that the financial situation of the Defendant seems considerably good, and that it is favorable or unfavorable to the Defendant shown in the pleadings such as his age

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