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(영문) 서울남부지방법원 2019.06.13 2019고단196
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

In using and managing a means of access, no one shall borrow or lend the means of access, or keep, deliver or distribute the means of access, in receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, the Defendant received a proposal from a name-free person to the effect that “if the account needs to be paid for the reduction of and exemption from VIP tax in the virtual currency exchange for three days, if the account is lent for three days, the Defendant would pay three million won per account.” On November 19, 2018, around 14:00, the Defendant sent the above-mentioned name-free person to the Kwikset Service Delivery Articles, which was opened in the name of the Defendant, in the name of the Defendant, from the DDR E account and the Corporate Bank F Account, and notified the above name-free person of the password’s password number by telephone.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to the transfer certificate or investigation report (as a result of the execution of a search and seizure warrant, accompanied by a balance account between A and A Bank

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 suspended sentence under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing) is to be determined as ordered by taking into account the following circumstances: (a) the circumstances leading to the Defendant to the commission of the crime; (b) the circumstances before and after the commission of the crime; and (c) the age, character and conduct, environment and criminal records of the Defendant; and (d) the conditions for the sentencing as

D. Unfavorable circumstances: The act of lending means of access is often used as a means of other crimes, such as gambling, hosting, etc., and it is necessary to strictly punish the means of access actually leased by the defendant.

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