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(영문) 대구지방법원 서부지원 2017.10.26 2017고단876

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall lend a password, user number, etc. registered with any financial institution or any electronic financial institution, which is necessary for the use of any access medium or access medium of electronic financial transactions, to such financial institution or electronic financial institution.

Nevertheless, on December 22, 2016, the Defendant sent a written message from a person whose name is unknown at his/her home located in Daegu-gun District Court Decision 2016, the Defendant: (a) received a proposal from the Defendant that “if an account is lent for three months to pay taxes, the Defendant would pay five million won per month in return for the lending of the account for the said three-month period; (b) then, on the same day, he/she sent one cash card connected to the Defendant’s name before his/her home, to the Kwikset Service Articles who sent it by a person whose name is unknown; and (c) notified him/her of the password.

As a result, the Defendant promised to pay for, lent the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. The authenticity and written statement of E;

1. Application of Acts and subordinate statutes to details of transactions and replies to transactions;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act, the selection of imprisonment with prison labor;

1. The decision of the same sentence as the order shall be made in consideration of the circumstances favorable to the defendant, such as the fact that the defendant has no previous convictions exceeding the fine, the fact that there is no economic benefit acquired by the case, and the fact that the economic situation of the defendant is very difficult, in light of the reasons for sentencing under Article 62