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(영문) 수원지방법원 안산지원 2019.07.12 2019고단1667
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 one shall, in using and managing a means of access, borrow or lend the means of access while demanding, demanding or promising compensation, unless otherwise specifically provided for in other Acts.

Nevertheless, on February 2019, the Defendant: (a) received a proposal from an Buddhist person who assumes a person in charge of a liquor liquor company, stating, “if he lends his account for the purpose of tax reduction or exemption, he will pay KRW 80,000,000 per day, and KRW 2,40,000 per three days.” (b) On February 27, 2019, the Defendant sent two physical cards connected to the Defendant’s account (D) and the corporate bank account (E) to the said Buddhist Kwikset Service, and notified the F of the password.

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

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Responses (A details of transactions, etc.);

1. Application of Acts and subordinate statutes on the lease of postal cards to the F;

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. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, the sentencing conditions indicated in the records, such as the following circumstances and the defendant’s age, environment, motive, means and consequence of the crime, etc., shall be determined as set forth in the text.

The circumstances unfavorable: The circumstances that are favorable to the two times before the same fine: The fact that the person actively cooperates with the investigation, such as contributing to the arrest of the person involved in Bosing.

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