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(영문) 수원지방법원 2019.05.02 2019고단1367

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six 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 lend a password, a user number registered with a financial institution or an electronic financial institution, etc. necessary for the use of the cash card or cash card which is the means of access in an electronic financial transaction while demanding, demanding or promising the payment.

On November 6, 2018, the Defendant received a proposal that “The head of a Tong shall request for the purpose of tax evasion of alcoholic beverages” as text messages from a person in unsound name, “The head of a Tong shall be paid KRW 2,400,000,000 on the face of the three-day lending one head of a Tong.” On the same day, the Defendant loaned the means of access in return for the promise to receive the price by providing Kwikset service article via Kwikset service article in front of the D Company located in Suwon-gu, Suwon-si, Suwon-si, Suwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A written confirmation of the results of the transfer of electronic financial services and details of deposit and withdrawal transactions;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of Suspect H text messages);

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 (The following factors of sentencing shall be taken into account):

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

1. Offenses against which the sentencing criteria are not applied;

2. Determination of sentence shall be made in full view of the following circumstances as well as various circumstances that may serve as conditions for sentencing as shown in the records, such as the Defendant’s age, character and conduct, environment, and circumstances after the commission of the crime:

The crime of lending the means of access under the Electronic Financial Transactions Act is the means of other crimes, such as scam, and thus requires strict punishment. In fact, circumstances favorable to the fact that the means of access leased by the defendant was used for the second crime (for scamscamscams), the defendant shows an attitude to reflect his or her mistake.