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(영문) 수원지방법원 2019.07.12 2019고단2038

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four months.

However, 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 person shall, in using and managing a means of access, borrow or lend a means of access while demanding, demanding or promising to provide means of access.

Nevertheless, on August 8, 2018, the Defendant received a proposal from the non-member of the name card in the Celective Ship located in Osan City B to the effect that he will use for three days and pay KRW 2,400,000 per the account of usage fees from the non-member of the name card, and in response to this, he sent two copies of the physical card connected to the new cooperation account (D) and the NAC Account in the name of the Defendant to the non-member of the name, and notified the F of the account number and password.

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

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Application of Acts and subordinate statutes concerning specification of transactions;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: Imprisonment with labor for one month to three years;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of offenses in violation of the Electronic Financial Transactions Act [Type 1] and the absence of general crimes [the scope of recommendations and recommendations] [the scope of recommendations and recommendations] and the basic area of punishment, April 1 to October.

3. Determination of sentence: The act of lending the means of access to electronic financial transactions for four months of imprisonment and two years of suspended sentence is an act of providing the means of access to other crimes, such as showing, pressing, etc., and the other crimes normally cause large damage to a large number of victims, and thus, the risk is very large.

Although the defendant was aware that he borrowed a physical card in a liquor company, it is obvious that he will use the physical card in an illegal act even in this case.