beta
(영문) 대전지방법원 천안지원 2019.07.25 2019고단1019

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

In using and managing a means of access, no one shall borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on November 2017, the Defendant: (a) proposed that “I will use 60,000 won for tax reduction or exemption because I would be alcoholic beverage companies. I will use 60,000 won for each 60,000 won per card per day; (b) I sent 1st floor of the building located in Nam-gu, Namdong-gu, Namdong-gu, the Defendant’s residence at the same time, by means of the mail of the 1st floor of the building in the name of the Defendant (D) connected to the Defendant’s bank account in the name of the Defendant; and (c) the Defendant’s mother sent 1 copy of the physical card connected to the Defendant’s bank account in the name of the Defendant’s name (F).”

As a result, the Defendant promised to receive compensation and lent two copies of the means of access for electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Each written petition;

1. A certificate of confirmation, customer information inquiry table, details of transactions in admission and withdrawal, and family relation certificate;

1. Certifications of electronic financial transfer results, details of transactions in deposit and withdrawal, application for transaction registration, and application of statutes on business registration;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The grounds for sentencing under Article 62(1) of the Criminal Act recognize and reflects all of the defendants' errors, and there is no record of punishment for the same kind of crime, the means of access under the Electronic Financial Transactions Act not only undermines the security and reliability of electronic financial transactions, but also facilitates other crimes, and the means of access provided by the defendant has been actually used in the crime, and the age, character and conduct, the environment, and motive and means of committing the crime.