(영문) 수원지방법원 안산지원 2019.01.18 2018고단4046



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.


Punishment of the crime

No person shall lend, deliver, keep or distribute a means of access used for electronic financial transactions while promising the receipt of consideration.

On August 16, 2018, the Defendant listened to the statement that “the Defendant would make loans available by piling up transaction records as it is difficult to extend credit,” from a person who assumes a false name from a lending company’s staff member, and then, in response thereto, around August 20, 2018, the Defendant sent one check connected to the Defendant’s name and one check connected to the Defendant’s name bank account (E) and one check connected to the Defendant’s name bank account (G) around August 20, 2018.

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

Summary of Evidence

1. Defendant's legal statement;

1. A H’s statement and a written petition;

1. Application of the Acts and subordinate statutes on replies;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative imprisonment with prison labor (the details of the crime committed, the fact that the indictment has been suspended on two occasions over the same kind of crime, and other criminal records, etc.);

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (i.e., reflective points, and lack of any particular penal power);