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(영문) 서울남부지방법원 2019.02.13 2018고단6108
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

No one may lend any means of access with promise to pay for the use and management of the means of access.

On September 17, 2018, the Defendant loaned the means of access, through Kwikset Service Articles, through Kwikset Service Articles, a physical card connected to the Defendant’s name bank account (D) in front of the Guro-gu Seoul Building and the Defendant’s name, with the consent of KRW 2,10,00,000 per page, to the effect that “The Defendant would give the bank account to save taxes.” On September 17, 2018, the Defendant provided the means of access, with the consent of the proposal and agreement on September 17, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. A criminal investigation report (in relation to additional affiliation, such as a suspect A);

1. Copies of the details of passbook transactions;

1. Application of Acts and subordinate statutes on details of financial information;

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

1. Articles 40 and 50-1 of the Criminal Act of the ordinary concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. An unfavorable circumstance for sentencing under Article 62-2 of the Social Service Order Criminal Act: The instant crime is not likely to be a crime by leasing a means of access that can be used for the so-called Bosing crime or the Internet fraud crime.

In that the means of access, such as the physical card that the defendant lent, actually used for the crime of fraud, causes monetary damage to the victim, it cannot be deemed that the case is light.

There are two means of access leased by the accused, and the accused has been subject to criminal punishment twice for the same crime, and it is necessary to punish him/her corresponding to it.

The defendant's mistake is recognized as favorable circumstances.

In addition to the above circumstances, the background leading up to the Defendant to commit the instant crime, the method and content of the crime, the circumstances after the crime was committed, and other circumstances.

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