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광주지방법원 장흥지원 2020.01.16 2019고단238

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

No person shall borrow or lend a means of access to an electronic financial transaction while receiving, demanding or promising any compensation therefor.

Nevertheless, on June 2019, the Defendant received a proposal from a person who has not been injured with his name to "to lend 7 million won at an interest rate of 2% per month if he sent the crow card," and in accordance with the direction of the person who has not been injured with his name, the same year.

6. Around 28.28. Around the street in Gangdong-gu Seoul Metropolitan Government, he/she sent a e-mail card (E) connected to the Defendant’s name-free Kwikseter’s account, and then sent F a password by informing the Defendant of the password.

As a result, the Defendant promised to receive intangible expected benefits for future loans, and lent the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes concerning the details of account transactions and conversations;

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

1. The act of transferring or lending the means of access to sentencing under Article 62(1) of the Criminal Act needs to be strictly punished because it can be used as a means of other crimes. The means of access to this case that the defendant lent by the defendant is used as a means of fraud, the defendant recognizes his mistake and reflects the defendant, the defendant was unable to obtain benefits from the crime of this case, the defendant did not have the same kind of power, and the defendant did not have any other type of power, and the conditions of various sentencing as shown in the records and trial process, such as the age, character and behavior, motive and means of the crime, circumstances after the crime