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(영문) 광주지방법원 2019.06.27 2019고단1746

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

On July 9, 2018, the Defendant was sentenced to a suspended sentence of four months for a crime of aiding and abetting in violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection and Communications Network Utilization and Information Protection, etc. at the Seoul Southern District Court on September 6, 2018

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.

Nevertheless, around April 9, 2018, the Defendant received a proposal from a person who was not injured in his/her name and accepted it. On April 12, 2018, the Defendant sent a passbook and a physical card connected to the Defendant’s name bank account (number C) from the Gwangju Central Bus Terminal, located in 932, as Seo-gu, Seo-gu, Gwangju, to the name-free person and sent the password to D “D” by means of sending luggage baggage from the Defendant’s name-free person.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E;

1. A detailed statement of entry and withdrawal transactions;

1. Previous convictions in judgment: Inquiries, inquiry reports, previous rulings, report on the results of confirmation, and application of statutes governing the judgment;

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 latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The act of lending the means of access to the reason for sentencing under Article 62(1) of the Criminal Act needs to be strictly punished since it can be used as a means of other crimes. The case where the defendant lent the means of access to this case is deemed to have been used as a means of crime, and disadvantageous circumstances, such as the confession of the defendant and reflects his mistake, and there is no criminal conviction exceeding the fine, except for the criminal conviction in the judgment of the defendant, and simultaneously with the