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(영문) 의정부지방법원 2019.02.12 2018고단4894
전자금융거래법위반
Text

Defendants shall be punished by imprisonment for four months.

However, for one year from the date of the conclusion of the judgment, the above sentence against the Defendants is imposed.

Reasons

Punishment of the crime

1. In using and managing a means of access, no one may borrow or lend a means of access while demanding or promising to receive, demand or promise any compensation, unless otherwise specifically provided for in other Acts.

Nevertheless, the Defendant listened to the phrase “for the purpose of tax reduction or exemption from a liquor company, sent a physical card of KRW 3 million to a liquor company.” On March 21, 2018, around 11:25, the Defendant sent a separate light library prior to the 102-on-line, in front of a separate library located in the 102-on-line, Namyang-si, Gyeonggi-do, the Defendant sent a physical card connected to the Defendant’s name, to the Defendant’s bank account (D) and notified the password.

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

2. In using and managing a means of access, no defendant A may borrow or lend a means of access while requiring or promising to receive, demand or promise any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on March 22, 2018, the Defendant heard the phrase “if sending a physical card, he will give three million won per week” from a person under whose name the card was named, and sent the physical card connected to the account in the name of the Defendant to a person under whose name the card was named, from the F located in the Gyeonggi-si E on March 22, 2018.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. A suspect interrogation protocol of H;

1. Each police statement concerning I, J, K, and L;

1. Each statement of M and N;

1. Application of Acts and subordinate statutes to a warrant, reply, investigation report (financial transaction information attached);

1. Relevant Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act and the Defendants’ choice of punishment for criminal facts

1. Defendants of suspended execution: Lending the means of access with the reasons for sentencing under Article 62(1) of the Criminal Act to various crimes.

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