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(영문) 서울남부지방법원 2018.01.09 2017고단5328
전자금융거래법위반
Text

1. The defendant shall be punished by imprisonment with prison labor for four months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

Except as otherwise provided for in other Acts, no person shall borrow or lend any access medium with the intention of receiving, demanding or promising to receive, demand or promise the use or management of the access medium.

The Defendant, on August 22, 2017, tried to reduce taxes because it is too large to pay taxes to liquor companies.

In the face of lending a e-mail card, one account will be paid KRW 2 million per e-mail.

On August 22, 2017, at around 16:30 on August 22, 2017, C agency located in Yeongdeungpo-gu Seoul Metropolitan Government, lent its access media with a promise to send the physical card connected to the Defendant’s name bank account (D) to the above person in the name of the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Statement of separate accounts;

1. Application of Acts and subordinate statutes, such as the inquiry table of customer information and details of transactions of withdrawals of money;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on the Electronic Financial Transactions in the relevant Act concerning the facts constituting an offense (or choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (In consideration of the fact that the access media lent by the defendant was actually used for the commission of the phishing fraud, it is not good to consider the fact that the defendant's health status, the same kind of criminal record, etc. is not good;

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