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(영문) 의정부지방법원 2018.05.02 2018고단980
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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

No person shall lend any access medium with a promise to pay for the use and management of the access medium.

Nevertheless, the defendant needs a physical card under the name of another person as a tax problem in operating alcoholic beverage business, and if he lends the card for three days, he will pay 2.5 million won.

“On November 20, 2017, on the part of the Government of the Republic of Korea on the part of the Government of the Republic of Korea on the part of November 20, 2017, the physical card connected to the account under the name of the Defendant and the physical card connected to the account under the name of the national bank (C) account, and sent it to E in Busan Northern-gu, Busan, through Kwikwikset’s Services.

The United States of America took part in the past.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Details of deposits, application of Acts and subordinate statutes on response to financial transaction data;

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 suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, the Defendant’s crime of this case, resulting in considerable damage to a good victim as a crime of telephone financing fraud.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record, etc.

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