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(영문) 인천지방법원 2019.01.23 2018고단8521
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor 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

No person shall borrow or lend any means of access used in electronic financial transactions in demanding or promising the payment thereof, or keep, deliver or distribute any means of access.

Nevertheless, around November 28, 2016, the Defendant received a proposal from B to the effect that he will offer a face value of 500,000 won per unit of a bank under the name of the old-age corporation (limited liability company C) in which the Defendant is represented by B, and accepted it on the same day, and then opened an account in the name of the above old-age corporation in the name of the above old-age corporation in the bank located in Nam-gu Incheon Metropolitan City on the same day, and then delivered the passbook, check card, and the OTP card to B.

Accordingly, the defendant promised to receive compensation and delivered the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning G;

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

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

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

1. The means of access delivered by the accused for sentencing under Article 62-2 of the Social Service Order Criminal Act is highly likely to be used as a means of other crime, such as singing, etc., and actually used for singishing crimes. The accused, upon the proposal of accomplice, made a floating corporation for the purpose of opening a financial institution account, opened the account in the name of the corporation, and received 50,000 won per each account after opening the account. In light of the circumstances and details of the instant crime, etc., the accused’s liability is not easy; on the other hand, the accused is against the instant crime; the Defendant has no record of punishment for the same kind of crime; the Defendant’s wife wanted to take the Defendant’s preference; the number of means of access delivered by the Defendant; the number of means of access, the age, character and conduct of the Defendant; and

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