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(영문) 인천지방법원 부천지원 2019.06.25 2019고단966

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, in using and managing a means of access, lend the means of access while receiving, demanding or promising any compensation therefor.

Nevertheless, around 12:19 on October 19, 2018, the Defendant received a proposal from a person under whose name the card was lent to the company bank account (C) in the name of the Defendant, stating the password of the cash card connected to the company bank account (C) in the name of the Defendant, and delivered the said cash card to the person under whose name the card was sent through Kwikset service.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on lists of Transactions by Account;

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 to the grounds for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as “the grounds for sentencing”) is an act that facilitates various crimes, such as tax evasion, Internet gambling, and scaming, and the relevant social harm is not severe.

However, the sentencing conditions shown in the trial, such as the defendant is against himself, the primary offender, the motive and background of the crime in this case, the number of transferred means of access, the amount of relevant damage, the circumstances after the crime, the age of the defendant, character, conduct, family relationship, and economic circumstances, shall be determined by taking into account the following factors.