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(영문) 광주지방법원 2019.05.24 2019고단1087
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four 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

Except as otherwise expressly provided for in any other Act, no one shall borrow or lend a means of access while receiving, demanding or promising compensation in using and managing the means of access.

Nevertheless, around July 2, 2018, the Defendant listened to the phrase “to use the check for the purpose of tax reduction and exemption if he/she lends it, and to pay KRW 1.5 million per day as a price.” On July 6, 2018, around 16:00, the Defendant sent one check card, which is a means of access connected to the CB account (D) in the name of the Defendant, to Kwikset service article before the CB’s sealing point in Nam-gu, Nam-gu, Gwangju, and sent one copy of the CB card, which is a means of access connected to the CB account in the name of the Defendant, to the Kwikset service article, and notified the above B of the password by E message.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of replies to requests for financial transaction information;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Taking account of the fact that there is no previous conviction in sentencing under Article 62-2 of the Social Service Order Criminal Act, the fact that the crime is recognized and reflected, the number of times of lending the means of access was limited to one time, and there is no actual benefit from the lending.

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