beta
(영문) 대구지방법원 2019.03.14 2018고단5901

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 lend a means of access while demanding, demanding or promising compensation.

Nevertheless, on June 14, 2018, the Defendant received a text message to the effect that “the Defendant will give two million won per week by lending the passbook and card to a third party for three days,” from a person using the “C” numbered B,” and accepted it, on June 14, 2018, at an agency located in Daegu-gu, Jung-gu, Daegu-gu, the Defendant sent a copy of the physical card connected to the F bank account (G) in the name of the Defendant, and notified the password as B text message. < Amended by Presidential Decree No. 24248, Jun. 14, 2018>

Accordingly, the Defendant promised to receive compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. Details of account transactions;

1. Application of the statutes on a copy of a transport invoice;

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 sentence identical to the order shall be determined by comprehensively taking into account the circumstances such as the fact that the defendant for the reason of sentencing under Article 62(1) of the Criminal Act recognizes the crime and the fact that there is no record of criminal punishment, and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, character and conduct, family relationship, and the situation before