beta
(영문) 대전지방법원 천안지원 2019.06.13 2019고단636

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six 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

In using and managing a means of access, no one shall borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, at around 11:22 on October 11, 2018, the Defendant: (a) received a proposal from a person under whose name the C office is referred to in B, that “I will use 30,000 won in return for the lending of the C-C-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-

Accordingly, the Defendant promised to receive compensation and lent the means of access for electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to I;

1. Receipts, internal investigation reports (Attachment toG bank response data), and each specification of transactions;

1. Application of J dialogue legislation

1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act (Options of Imprisonment with prison labor);

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is to recognize and reflect the Defendant’s mistake, and the crime of lending the means of access under the Electronic Financial Transactions Act is not only prejudicial to the security and reliability of electronic financial transactions, but also the means of access provided by the Defendant to facilitate other crimes. In fact, the means of access provided by the Defendant has been used in the crime, taking into account the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime was committed, and various conditions