beta
(영문) 대구지방법원 2015.09.17 2015고단3379

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

No person may lend a means of access for electronic financial transactions in return for any consideration.

Nevertheless, around June 2013, the Defendant received a proposal from a person who was not aware of his name to pay 70,000 won per day when he borrowed his passbook, and accepted it and delivered one cash card linked to the Agricultural Cooperatives (Account Number B) account in the name of the Defendant using Kwikset Service.

Accordingly, the Defendant lent the means of access for electronic financial transactions at a price.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act - Reasons for sentencing favorable to probation and community service order: Confession, reflection - unfavorable circumstances: The lending of the means of access for electronic financial transactions is not only prejudicial to the safety and reliability of electronic financial transactions, but also considerable adverse effects on society, such as the mass production of a large number of victims who have been used for crimes such as telephone, financial fraud, etc., and the defendant has been suspended twice for the same crime in 2010, and the defendant again has the name of the crime in this case - the name of the defendant - other various sentencing conditions as shown in the records of this case, such as the defendant's age, character and behavior, health conditions, home environment, motive, means