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(영문) 의정부지방법원 2018.05.16 2018고단860
전자금융거래법위반
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A defendant shall be punished by imprisonment with prison labor for up to six months.

However, 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

No person shall borrow or lend any access medium, or store, deliver or distribute it while receiving, demanding or promising to receive any consideration.

Nevertheless, on November 2014, the Defendant is a liquor company, and the account is needed to reduce taxes.

The loan of account shall be KRW 1.5 million on the face of the account.

“On receipt of the proposal, at that time, I would like to use the delivery of Kwikset service in front of Kwikset-si, Jeonju-si, B, and then sent a personal identification number to the name-disscamper in the name of the Defendant’s bank account (B) and notify him of the password by sending it on the back of the card.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

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

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act concerning the selection of punishment, the selection of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for not more than three years;

2. Determination of sentence: Six months of imprisonment, and two years of suspended sentence, the Defendant’s Cze Card Lending was committed, thereby causing damage.

The punishment shall be determined by comprehensively taking into account these circumstances and the defendant's age, sex, environment, background of crimes, results of crimes, records of crimes (no criminal record nor more than a suspended sentence) and other sentencing conditions.

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