beta
(영문) 광주지방법원 2020.06.03 2019고단4715

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six months.

except that 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

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

Nevertheless, around June 13, 2019, at the office of the defendant located in Gwangju-gu, Gwangju-gu, the defendant received a proposal to the effect that "for example, the defendant has a sports debate and all the passbooks exist in our country. When lending the account capable of withdrawing the debate, 10% commission shall be paid." On the same day, at around 11:20 of the same day, the defendant sent the physical card and password, which is a means of access connected to the account in the name of the defendant, to the sender of the above name, and at around 14:20 of the same day, the defendant sent the physical card and password, which is a means of access connected to the account in the name of the defendant to the E bank account in the name of the defendant at the same place. At around 14:20 of the second day, the defendant sent it to the person who sent the above name and the password card and password.

Accordingly, the defendant would receive compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Certificates of deposit;

1. Response to financial data;

1. Application of Acts and subordinate statutes concerning transaction details of E banks;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 of the Electronic Financial Transactions Act and Article 6 (3) 2 of the same Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. Scope of recommended sentences according to the sentencing criteria;

(a) Group 1 (Violation of the Electronic Financial Transactions Act) / [Determination of Punishment] / [Type 1] No general crime [specific person] / [the scope of recommending area and recommending punishment] basic field of crime, April to October 10

B. Second Crimes (Violation of Electronic Financial Transactions Act) / [Determination of type 1] General Crimes against Electronic Financial Transactions Act.