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(영문) 의정부지방법원 2019.01.17 2018고단4895
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for 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

No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access in receiving, demanding or promising compensation.

On April 2018, the Defendant received a proposal that “the account is a alcoholic beverage company, which requires an account for tax reduction or exemption. If the account is lent for three days, the Defendant sent a physical card to the account holder”, and accepted it. At around that time, the Defendant sent the physical card of the post office account (D) opened in the name of the Defendant to the above person in the name of the Defendant, and notified the above person in the name of the password via E Mesen.

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

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Transfer receipt, and each provision of financial transaction information;

1. Application of Acts and subordinate statutes to output data on dialogue;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the following favorable circumstances):

1. The scope of applicable sentences under law: Imprisonment for one month to three years; and

2. Scope of recommending sentencing criteria: Non-establishment of sentencing criteria; and

3. Determination of sentence: The same sentence as the sentence shall be determined in comprehensive consideration of the conditions of sentencing as shown in the records, such as one year of imprisonment, two years of suspended sentence, and the ages, occupations, character and conduct, family relations of the accused, and circumstances before and after the commission of the crime.

The circumstances unfavorable: The circumstances favorable to the victim due to the account lent by the defendant: The confession of the crime of this case, and the fact that the defendant has no record of the serious crime other than the fine.

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