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(영문) 대전지방법원 천안지원 2019.05.15 2019고단343
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person may lend the means of access to an electronic financial transaction while receiving, demanding or promising any consideration.

On August 17, 2018, the Defendant: (a) borrowed personal account from a person in bad name alleging that he/she is the director of C Company D in front of the Seo-gu, Seocheon-gu; (b) on the short-term 3 days, he/she received a proposal to the effect that he/she is able to lease up to 3 personal accounts in total for up to 2 million won per each fee; and (c) sent the physical card to each E Bank Deposit Account (F and G) of the Defendant through Kwikset.

As a result, the Defendant promised to pay for, lent the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Report on investigation results;

1. Application of Acts and subordinate statutes concerning a duplicate of a bankbook;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The sentencing reasons for Article 62(1) of the Criminal Act under the suspended sentence include the following: (a) the damage was caused by fraud using a certain means of access lent by the accused; (b) the damage was not recovered; (c) the accused led to the instant crime; (d) the accused confessions and reflects the criminal act; (e) the accused has no record of criminal punishment except punishment imposed once by fine; and (e

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