beta
(영문) 광주지방법원 순천지원 2019.08.09 2019고단1189

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 transfer a means of access, receive, request or promise to transfer a transaction request in electronic financial transactions or to provide a user number, an electronic card or any other similar information registered with a financial company, etc. used to secure the authenticity and accuracy of the user and the details of the transaction, and a password necessary for the use thereof.

On March 26, 2019, the Defendant: (a) received a proposal from one-person C team leader of one-person B, who became aware of the mobile phone advertising text, to make a loan by making a transaction performance; (b) consented to sending the check card on March 27, 2019; and (c) sent a copy of the check card linked to the post office account (E) opened in the name of the Defendant to Kwikset on March 27, 2019; and (d) notified the password to F on March 28, 2019.

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. A written petition;

1. Application of Acts and subordinate statutes on the details of transfer and eachF dialogue;

1. Relevant Article 49 (4) 2 of the Electronic Financial Transactions Act and the main sentence of Article 6 (3) 2 of the same Act concerning criminal facts and the selection of imprisonment with prison labor;

1. The reasons for sentencing under Article 62(1) of the Criminal Act, based on the following factors: (a) the means of access leased by the defendant for the reasons for sentencing under Article 62(1) of the Criminal Act, which is unfavorable to the defendant, such as the use in committing the Bosing Fraud; (b) favorable circumstances, such as the defendant’s abuse of error; and (c) the criminal records, age, family environment;