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(영문) 부산지방법원 동부지원 2019.01.30 2018고단2288

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six 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 one may lend the means of access while receiving, demanding or promising any compensation in using or managing the means of access under the Electronic Financial Transactions Act.

Nevertheless, around May 2, 2018, the Defendant: (a) received a proposal from a person who was in the name of the deceased in Busan Shipping Daegu, to offer a passbook to be used for money laundering; (b) he/she would offer KRW 500,000 per week a week from a bank account in the name of the Defendant; and (c) accepted the proposal, and sent one check card, one passbook, one passbook, and one OTP card connected to the bank account in the name of the Defendant, and notified the password.

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

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes on specification of transactions, financial information replys, and new data;

1. Relevant legal provisions concerning criminal facts, Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment, and the choice of imprisonment (including the fact that there exists any past record of punishment of fines for the same kind of crime);

1. Article 62 (1) of the Criminal Act on the suspension of execution (in consideration of the absence of any power over punishment heavier than the fine);