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(영문) 서울남부지방법원 2018.04.20 2017고단5609
전자금융거래법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

Except as otherwise provided for in other Acts, no person shall borrow or lend any access medium with the intention of receiving, demanding or promising to receive, demand or promise the use or management of the access medium.

On August 24, 2017, the Defendant is about to reduce the tax due to the occurrence of a large number of sales, which is a liquor company.

It shall be used only for three days on the face of the head of the Tong and 800,000 won per head of the Tong.

In response to the proposal of “C”, around 15:00 of the same month, at the front report of “C” located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul. Around 25:00 of the same month, C lent its access media with a promise of price by delivering to Kwikseter service article the two pages connected to D Depository’s name (E) and F (G) account in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of H’s written Acts and subordinate statutes;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Specialized Financial Transactions (or Selection of Imprisonment with prison labor) concerning facts constituting an offense and Article 49 (4) 2 of the same Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The sentence was imposed by taking into account the following circumstances: (a) the reason for sentencing under Article 59(1) of the Criminal Act (the period of suspended sentence: 4 months of imprisonment); (b) there is no criminal record against the Defendant; (c) the degree of damage is relatively minor; (d) the Defendant raises a baby without a stable workplace without a stable workplace; (c) the Defendant is making a confession and reflect; and (d) the sentencing conditions indicated in the records of the instant case, such as the Defendant’s age, sexual conduct, environment, motive and consequence of the crime; and (e)

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