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(영문) 서울남부지방법원 2016.11.18 2016고단4420

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six 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

No one shall lend or lend a means of access, such as an electronic card, which is used to make a transaction request in electronic financial transactions or to secure the authenticity and accuracy of the users and the details of the transaction, or receive, request or promise any compensation therefor, or keep, deliver or distribute a means of access.

On August 2015, the Defendant: (a) heard the explanation that “the head of a Tong who is a liquor company and borrowed a passbook in order to avoid taxes.” (b) 200,000 won per week,” and (c) provided information about the name cards, security cards, etc. on the bank account (C) in the name of the Defendant in Seoul Gangseo-gu building B, Gangseo-gu, Seoul, to receive compensation for the means of access in electronic financial transactions by sending information about the name cards, security cards, etc. to the Internet bank account (C) in the name of the Defendant, while searching for the “book lease” on the Internet at a fluorite (hereinafter referred to as the “fluorite”); and (d) under the same month, the Defendant borrowed the means of access in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of D police statement;

1. Written petition for DNA preparation;

1. Transactions in the bank with the principal financial transaction (including transactions in the bank account with D);

1. Certificates of deposit transactions (the details of transactions in the bank account in the name of the defendant);

1. Application of Acts and subordinate statutes for making inquiries about customer information;

1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act (the occupation of lending means of access and the choice of imprisonment);

1. An unfavorable circumstance for sentencing under Article 62(1) of the Criminal Act: It is not good that the instant crime is committed by leasing a means of access that can be used in so-called singing crimes or Internet fraud crimes.

The defendant has a high possibility of criticism in terms of searching for the "passing the passbook" and lending the passbook after contact.