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(영문) 대전지방법원 2019.07.24 2019고단1160

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 borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, the Defendant, on January 1, 2019, issued a proposal to the first floor of the Sejong apartment B Apartment 1, 2019, that “on the face of sending a physical card, he will create a transaction performance and then draw up credit rating, and then will lend it.” The Defendant, through Kwikset Service, sent the physical card and password connected to the account of the community credit cooperatives (C) in the name of the Defendant.

As a result, the Defendant promised to obtain intangible expectation interest for future loans by raising credit rating, and lent the means of access to a person who is not his/her name.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes concerning transfer transaction confirmation;

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 reason for sentencing under Article 62(1) of the Criminal Act is against the defendant, and there is no criminal record exceeding the fine, the circumstances leading to the instant crime shall be considered as favorable circumstances, and the punishment shall be determined by comprehensively taking into account all the factors of sentencing, such as the defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and the circumstances after the instant crime, etc.