beta
(영문) 대전지방법원 천안지원 2019.10.24 2019고단1858

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six months.

However, 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 a means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act.

1. Around December 20, 2018, the Defendant issued a proposal to the effect that, “Around December 20, 2018, the Defendant borrowed a physical card, resident registration certificate, a certified copy, etc. from a person who has no name, he/she will give KRW 500,000 won in one month, if he/she lends it,” and around that time, he/she delivered one physical card connected to the DB (E) account under the name of the Defendant through an article of Kwikset service in front of the Seo-gu, Seoan-gu, Seoan, Seoan, Seoan-gu, B apartment Cdong security room.”

Accordingly, the Defendant promised to provide compensation and lent the means of access.

2. On March 6, 2019, the Defendant: (a) received a proposal from an unqualified person on his/her name on March 6, 2019, stating that “one million won per account shall be paid per each account, if he/she has lent an account for three days; and (b) around 13:36 on the same day, at a post office located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Incheon to deliver one check card connected to the Defendant’s name-free bank (E) account, and lent it to an unqualified person.

Accordingly, the Defendant promised to provide compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. The statement of each police officer made to F and G;

1. Each written petition;

1. A written confirmation on the details of service use and an account in the name of a defendant;

1. Application of each financial transaction statement and statutes governing H transaction details;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 of the Electronic Financial Transactions Act and Article 6 (3) 2 of the same Act concerning the selection of punishment (or, respectively, choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act;

1. The defendant's error in sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures.