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(영문) 수원지방법원 안양지원 2018.06.08 2018고단350
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall lend any access medium with the receipt, request or promise of compensation.

Nevertheless, the Defendant received a proposal from a person whose name is unknown on November 15, 2017 that “If he/she lends 30,000 won to a third party, he/she will use it only for the purpose of tax reduction and exemption by depositing it in the card, and make it possible to use 80,000 won per card.” In response, he/she borrowed 2 the card for 3 days and received 480,000 won for 3 days. On December 11, 2017, the Defendant sent 13:0, ELS 179 to the Defendant’s Saemaul Bank account (Account No. B) account in the name of the Defendant in the name of the Defendant, and the head of the C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-S-S-S-S-S-S-S-S-S-S-S

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

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

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. In light of the fact that the sentencing of Article 62-2 of the Social Service Order Criminal Act was committed, as well as the background and content of the crime, the result, despite the previous conviction of a fine for the same kind of punishment in around 2010, the crime was committed again. However, the Defendant’s mistake is recognized, and the Defendant’s age, sexual behavior, occupation, property status, and other various sentencing conditions should be taken into account.

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