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(영문) 광주지방법원 순천지원 2019.06.26 2019고단645

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four 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

No person shall borrow or lend a means of access used in electronic financial transactions while demanding, demanding or promising the payment.

Nevertheless, on December 15, 2018, the Defendant received a proposal and consented thereto, and sent 2,40,000,000 won to the account in the name of the Defendant’s mother to D E (F) account in the name of the Defendant’s name, e-mail card, and e-mail card connected to D (H) account in the name of the Defendant’s mother, from the 18th of the same month.

Accordingly, the defendant agreed to receive compensation and lent the means of access to electronic financial transactions to others.

Summary of Evidence

1. Defendant's legal statement;

1. The K's statement;

1. Application of Acts and subordinate statutes on account details inquiry, family relation certificate, and L dialogue;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the means of access leased by the Defendant was used for the crime of Bophishing fraud, etc. is disadvantageous.

However, the sentencing conditions shown in the records and trial process of this case, such as the defendant's age, character and conduct, environment, occupation, motive and consequence of the crime, and the circumstances after the crime, etc., shall be determined as per the order, comprehensively taking into account the following factors.