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(영문) 광주지방법원 순천지원 2019.03.28 2018고단2612

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 under the Electronic Financial Transactions Act, borrow or lend any means of access while receiving, demanding or promising to receive compensation.

Nevertheless, on July 4, 2018, when the Defendant borrowed one check from a person who was not the deceased's name for three days, he/she received a proposal to offer KRW 2 million per head, and accordingly, on July 25, 2018, around 14:00 on July 25, 2018, he/she sent to Kwikset service delivery center a copy of the check card connected to the account under the name of the Defendant to Kwikset service delivery center (D).

Accordingly, the Defendant lent the means of access under the Electronic Financial Transactions Act.

Summary of Evidence

1. Defendant's legal statement;

1. Details of transfer transactions;

1. Application of Acts and subordinate statutes of conversation content;

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. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (the first offender is the defendant, the mistake is against the defendant, and the family relationship of the defendant is also taken into account);