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(영문) 창원지방법원 2019.05.02 2018고단3192
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four 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

In using and managing a means of access, no one shall, unless otherwise specifically provided for in other Acts, lend any means of access with the receipt, request or promise of compensation or lend any means of access knowing that such means will be used for any crime.

Around 10:00 on August 31, 2018, the Defendant received a proposal that “If he/she lends only 3 days to a bank account in the name of the Defendant, which is linked to a bank account in the name of the Defendant, he/she intends to use for tax reduction or exemption, he/she will lend a maximum of 2.7 million won per one account.” On the proposal, the Defendant’s name, knowing that his/her account would be used for tax reduction or exemption, shall be 15% of the amount of transaction by account transfer from the name unrecogn, with the aim of receiving 15% of the amount of transaction by account transfer from the name unrecogn, with the aim of receiving 19:15% of the amount of transaction by account transfer from the name unrecogn, the Defendant’s dwelling in the name-based C Apartment apartment D, which is the Defendant’s dwelling at the name of the Defendant, and the name of the Defendant and the total card No. 1 card No. 2 connected to the G bank account (H) in the name of the Defendant. 2.

As a result, the Defendant promised to receive compensation and, upon being aware that it will be used in an electronic financial transaction, lent the above physical card to a person who has not been named in the name.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. Each written petition of K and J;

1. A specification of transactions of banks and G banks;

1. Application of the Acts and subordinate statutes to photograph the contents of a conversation;

1. Article 49 (4) 2, and Article 6 (3) 2 and 3 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. Two accounts leased by the Defendant for the reason of sentencing under Article 62(1) of the Criminal Act are single.

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