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(영문) 수원지방법원 여주지원 2018.04.18 2018고단201
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 a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall borrow or lend any electronic financial transaction access medium while demanding, demanding or promising the consideration.

Nevertheless, the Defendant is in need of an account in the name of another person because it is a person operating liquor companies, which is a tax problem, from a person in the name of the off-city bus terminal located in Leecheon-si, Leecheon-si, 17:00 on December 18, 2017.

One account shall be lent for only one week, and three million won shall be paid in return for such lending.

" Upon receipt of a proposal to the effect that ", it was entered in one head of the Cze Card connected to the Saemaul Treasury Account (B) in the name of the defendant, and sent this password to the name in the name of Kwikset through Kwikset Services.

Accordingly, the defendant promised to receive compensation and lent the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes on response to financial transaction information;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act concerning the selection of punishment, the selection of imprisonment;

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, despite being aware that the Defendant was used on a lawful day, such as tax evasion, lent the access medium, and the Defendant used the access medium to commit the actual fraud, thereby causing damage.

There is no record of criminal punishment against the defendant, and there is no record of criminal punishment exceeding the same criminal record or fine.

In addition, the defendant's age, sex, environment, motive and background of the crime, circumstances after the crime, etc. shall be considered together, and the punishment shall be determined as per the order.

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