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(영문) 대구지방법원 서부지원 2019.07.24 2019고단65

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six 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 engage in any act of transferring or taking over a means of access, or in promising to receive compensation for lending or taking over a means of access.

Around 18:00 on July 10, 2018, the Defendant promised to receive a rent of KRW 3,00,000 from the 5th day around the Daegu-gu Charter B, Daegu-gu, and entered “E” as the account number of the account in the name of the Defendant in the part corresponding to the instant charges, but according to the evidence duly adopted and examined by this court, the above number is the e-mail card number connected to the said account, and the account number of the said account is “D”, and thus, the correction is ex officio.

the loan was made in the way of delivering it.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol regarding F;

1. Investigation report (def smartphone restoration photograph of suspect) and investigation report (the number of a specific suspect collection body card with restoration photograph);

1. Application of Acts and subordinate statutes on response materials to cooperatives;

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 used in electronic financial transactions, such as the instant crime on the grounds of sentencing under Article 62(1) of the Criminal Act, as the instant crime, requires strict punishment as an act assisting another crime. However, although the Defendant acknowledges the fact of crime and is divided, and the fact that there is no record of punishment for the same kind of crime, etc., a punishment as the order shall be determined in consideration of the circumstances favorable to the Defendant.