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(영문) 대구지방법원 서부지원 2020.02.05 2019고단2444

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for not less than three 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 the means of access, no one may borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in other Acts.

Nevertheless, around June 10, 2019, the Defendant received a proposal from a person who was not the deceased's name, to the effect that "I will use the game-related company for the purpose of transferring funds, use it for one week, use it for the purpose of transferring funds," and consented thereto. On the same day, the Defendant sent a check card to Kwikset service articles sent by the deceased's name and sent it to Kwikset service articles connected to the bank account under the name of the Defendant, and notified the password by text message.

As a result, the Defendant promised to pay for, lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of the Acts and subordinate statutes on response to financial information;

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 act of lending the means of access used in electronic financial transactions, such as the instant crime on the grounds of sentencing under Article 62(1) of the Criminal Act, as the instant crime, requires strict punishment as an act assisting another crime, such as singing, etc., the Defendant’s lending of the card and the account of the Defendant connected thereto is actually used for the singing crime. Considering the circumstances unfavorable to the Defendant, the fact that the Defendant recognized the facts of the crime and is divided, the first offender, etc. shall be determined in consideration of the circumstances favorable to the Defendant.