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(영문) 인천지방법원 부천지원 2019.01.18 2018고단3040
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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

No person may borrow or lend a means of access in receiving, demanding or promising any compensation.

Nevertheless, at around July 5, 2018, the Defendant, “A” from a name-free person using B ASEAN, had the name-free person who used B ASEAN, “A person who will engage in a money exchange business at a foreign company. It is not a legitimate duty, but a 0.3% of the daily amount of KRW 100,000 per day of Do and Jeju, and the amount of money exchange will be paid as remuneration. To do work, the e-mail card or passbook in the name of the Defendant is required.” On July 8, 2018, the Defendant agreed to lend the e-mail card connected to his own account by receiving a proposal from the Defendant. On July 20, 2018, the 20 second half half of that, sent the name-free person to the road in front of the subway Gongju Station in the name of the Defendant to the male bank account in the name of the Defendant.

As a result, the Defendant lent the means of access to the demand or promise of payment.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. The police statement of H;

1. The application of Acts and subordinate statutes to financial data meetings and investigative reports (report on the submission of details of transactions in the name of a suspect);

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

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 extenuating circumstances among the reasons for sentencing)

1. The act of lending the means of access with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is an act that facilitates various crimes, such as tax evasion, Internet gambling, and scaming, and the social harm of the means of access is not severe.

However, the trial of this case, such as the defendant's motive and circumstance to commit the crime of this case, the number of means of access transferred, the amount of relevant damage, circumstances after committing the crime, age, character and conduct, family relationship, economic circumstances, previous criminal records, etc.

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