beta
(영문) 수원지방법원 안산지원 2019.02.14 2018고단3695

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four months.

except that 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

In using and managing the means of access, no one may borrow or lend the means of access while receiving any consideration, unless otherwise specifically provided for in other Acts, or deliver the means of access.

On March 2018, the Defendant accepted a proposal that “I need another person’s account as a tax problem in operating a liquor company. If I lend a e-mail card, I would like to give KRW 900,000 in consideration thereof.” On March 2, 2018, the Defendant sent the e-mail card connected to D’s post office account (E) in the name of the Defendant, which was used by the Kwikset service provider, to Kwikset service article, and the password of the account was known in writing.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to F and G;

1. Application of Acts and subordinate statutes on account transactions;

1. Relevant Article 49 (4) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense and Articles 6 (3) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions;

1. It is so decided as per Disposition for the reason that the suspended execution is above Article 62 (1) of the Criminal Act (a favorable circumstance, such as reflectivity and partial recovery from damage);