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(영문) 인천지방법원 부천지원 2019.09.26 2019고단2179

전자금융거래법위반

Text

The punishment of the accused shall be determined by four months of imprisonment.

However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall, in using and managing a means of access, perform any act of providing, demanding or promising compensation, unless otherwise specifically provided for in other Acts.

Nevertheless, around July 23, 2014, the Defendant was offered with the proposal of “500,000 won if he/she lends several passbooks,” from a person who was unaware of his/her name, and consented thereto, and then, the Defendant sent a passbook and a check card in connection with a corporate bank account (Account Number: D) under the name of the Defendant to the person who was unaware of his/her name, and notified the person who was unaware of his/her passwords.

Accordingly, the defendant received compensation and lent the means of access to the above person.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Investigation reports (a file of details deposited from a suspect's financial account to the gambling site operation account) and the application of statutes on deposit details attached thereto;

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. The reasons for the suspended sentence under Article 62(1) of the Criminal Act (see, e.g., circumstances favorable to the reasons for sentencing) is the case where the consideration for lending means of access is actually received, the actual usage of the means of access leased, the primary crime, the confession of a crime, the fact that the mistake is divided, and other factors of sentencing as shown in the argument of this case, including the defendant's age, character and conduct, environment, circumstances after the crime, etc., shall be determined as ordered by the disposition.