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(영문) 수원지방법원 여주지원 2019.05.14 2019고단374
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than three 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

On April 1, 2019, the Defendant was sentenced to imprisonment with prison labor for at night building intrusion larceny and two months of suspended execution on April 1, 2019, and the judgment became final and conclusive on April 9, 2019.

No person may lend a means of access, promising any compensation.

Nevertheless, on November 2018, the Defendant: (a) received a proposal from a person who was missing in his name in order to rent a card to a liquor company; (b) lent 800,000 won per day of lending 3 days the card to a liquor company; (c) lent 3 days, and (d) lent the means of access to the Defendant’s name-based check from the C, E,00,000,000 won, which is linked to the bank account (E) in the name of the Defendant, from the C, E,00, E,000.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each protocol of suspect examination of the police in G;

1. Application of one copy of the judgment; and

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. It shall be considered disadvantageous circumstances that the suspension of indictment was imposed on the same criminal act as the reasons for sentencing under Article 62(1) of the Criminal Act, but the fact that the indictment was imposed on the same criminal act as the reasons for sentencing under Article 62(1) of the Criminal Act shall be considered as favorable circumstances.

In this regard, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, behavior and environment, are determined as above.

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