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(영문) 대전지방법원 서산지원 2019.06.19 2019고단49

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 password, a user number registered with a financial institution or an electronic financial institution, etc. necessary for the use of a cash card or cash card, which is the means of access to an electronic financial transaction, upon receiving, requesting or promising such user number, etc.

Nevertheless, the Defendant, on August 28, 2018, received a proposal from a name-free person, “for operating a liquor company, using it for three days if it is used for the purpose of tax reduction and exemption, and giving three million won in return for the use of it.” On August 28, 2018, the Defendant sent the e-mail card connected with the Defendant’s name-free account B (Account Number C) to the Seoul Dongjak-gu Seoul Metropolitan Government D3, where the person who received the e-mail card was notified of the above name-free, and lent it by informing of the password.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes on account transactions;

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 lending of the means of access used in electronic financial transactions with the reason for sentencing under Article 62(1) of the Criminal Act is abused for the crimes of Bosing, etc. and has great social harm, and unfavorable circumstances, such as the fact that the Defendant’s lending was actually used for the crime of licensing, and that the Defendant recognized and reflected the Defendant’s mistake, and favorable circumstances, such as the Defendant’s age, character and conduct, environment, family relationship, circumstances of crimes, and circumstances after crimes, etc., shall be determined as per the disposition, taking into account all the circumstances, including the Defendant’s age, character,