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(영문) 전주지방법원 군산지원 2019.10.11 2019고단609
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

No person engaged in daily labor may lend a means of access used in electronic financial transactions while receiving, demanding or promising any consideration therefor.

Nevertheless, in June 2018, the Defendant was called to the name-free person who assumes the staff of a liquor company in Hoju-si B from the name-free person who assumes the name-free person who assumes the position of a liquor company, and called to the effect that “3 million won shall be paid on six days if he lends the check for tax reduction and exemption.” A physical card connected to the account of the community credit cooperatives (C) in the name of the Defendant was sent through Kwikset Service Delivery, and then the password was sent to the phone.

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

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes on details of transfers;

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. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is that the defendant acknowledges and reflects the crime, and that only the amount of a fine has been punished four times due to the crime is favorable to the defendant. The crime of this case is a factor for sentencing in favor of the defendant. The crime of this case requires strict punishment due to the fact that the means of access which has damaged trust in electronic financial transactions and has leased the means of electronic financial transactions is highly likely to be used for other criminal acts, and that the means of access actually leased by the defendant is deemed to have been used for crimes such as singishing fraud, etc., taking into account the defendant's age, character and behavior, and the motive for the crime

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