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(영문) 창원지방법원 2019.06.27 2019고단1195

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

In using and managing a means of access, no one shall lend the means of access while receiving, demanding or promising any compensation therefor.

Nevertheless, on February 12, 2019, the Defendant received a proposal from a person whose name is unknown to the effect that “I will give KRW 800,000 per each account when I lease the e-mail card due to the operation of a liquor distributor and it is difficult to collect the e-mail as a corporate account.” In response, the Defendant sent the e-mail card to a person whose name is unknown at the C Point located in Kim Sea B, by sending it through a contact with the D (E) account in the name of the Defendant.

As a result, the Defendant promised to receive the price and lent the means of electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes of search, seizure and verification warrant reply;

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 reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence was that the Defendant’s account was used for the singishing crime, and the large amount of the second damage was practically caused.

However, the sentencing conditions, such as the defendant's age, character and conduct, environment, circumstances after the crime, etc., shall be determined as ordered by taking into account the following factors: (a) the defendant's name at the time of and against the crime; (b) there is no record of punishment exceeding a fine; and (c) the criminal organization's deception and the circumstances leading to this case; and (d) the punishment as ordered