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(영문) 수원지방법원 여주지원 2016.12.20 2016고단1125
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 3, 2016, the Defendant agreed to receive KRW 1,00,000 per account in return for lending the passbook with the word “B Company C head, who is the director of B company, and can pay tax if taxes are collected excessively, and distributed the account, and if the account is lent to the current account, one million won per account shall be paid per each account.” On July 4, 2016, the Defendant sent the name-based bank account (Account Number: D), cash card, password, etc. of the account of Korea Credit Union (Account Number: E) to the person under whose name the Defendant was named, in front of the Seocheon Library, Changcheon Library, which is located in Chang-dong, Seocheon-si, Seoul Special Metropolitan City.

Accordingly, the defendant agreed to receive compensation and lent the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A written G, etc.;

1. Each statement and written petition of H, I, J, and K;

1. Copy of a receipt;

1. Response data following the execution of a warrant for search, seizure, verification, and receipt search and verification;

1. Details of account transfer; and

1. Data to capture the Kakao Stockholm message;

1. Application of Acts and subordinate statutes to investigation reports;

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. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in light of the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. have arisen due to the means of access leased by the accused, and the occurrence of multiple telecommunications-based financial fraud crimes has occurred, and the amount of damage has not been significant, and the accused is aware of and against his/her own crime, and the accused has committed a crime under favorable circumstances, such as the fact that he/she has no other punishment power, except for punishment of a fine of KRW 300,000,000,000, and other favorable circumstances, such as the accused’s

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