beta
(영문) 서울남부지방법원 2019.05.10 2019고단965

전자금융거래법위반

Text

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.

Reasons

Punishment of the crime

No person shall lend a means of access, promising any consideration.

Nevertheless, around November 20, 2018, the Defendant received a proposal that “If he/she lends a e-mail card for three days, he/she will pay 2.4 million won per head,” from the person in non-titled name, and around November 27, 2018, around November 16:40, the Defendant issued two e-mail cards each connected to the Defendant’s name bank account (D) and E-bank account (F) through Kwikset Service in front of the Yeongdeungpo-gu Seoul Building C, Yeongdeungpo-gu, Seoul.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Details of transfer;

1. Application of Acts and subordinate statutes on dialogues;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Circumstances favorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The conditions for sentencing in the instant records and arguments, such as the recognition of the crime and the appearance of reflectiveness, the fact that the means of access was used to commit the crime and that there was no criminal punishment: the amount of damage caused by the leased means of access; the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and the circumstances after the crime, etc., shall be determined as ordered by taking full account of various circumstances, including the following circumstances.