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(영문) 수원지방법원 여주지원 2019.03.12 2019고단51
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

Except as otherwise provided for in any other Act, no one shall lend any means of access used in electronic financial transactions while receiving, demanding or promising any consideration.

Nevertheless, around September 3, 2018, the Defendant consented to the proposal that “I would pay KRW 3 million of user fees if I would have borrowed an account to a liquor company, which is necessary for taxes,” from a person who has not been named in name in Pyeongtaek-si B apartment C,” and then, around 15:26 of the same day, the Defendant promised to lend the means of access to financial institutions by way of delivering Kwikset Service to the person who has not been named in name.

Summary of Evidence

1. Defendant's legal statement;

1. Each petition of F and G;

1. Application of a certificate of remittance or a certificate of transfer Acts and subordinate statutes;

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

1. As for the reasons for sentencing under Article 62(1) of the Criminal Act, consideration shall be given to the Defendant’s use of the means of access for the crime of Bosing, given the favorable circumstances, such as: (a) the time and reflects; and (b) there is no punishment for the same kind of crime.

In this context, the sentencing conditions of Article 51 of the Criminal Act, such as the defendant's age, character, character, environment, and the degree of substantial damage, are comprehensively considered.

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