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(영문) 대구지방법원 서부지원 2018.10.25 2018고단1590

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

No person shall lend or receive any cash card, password, passbook, etc. necessary for the use of the cash card, etc., which is a medium access to electronic financial transactions issued by a financial institution, by receiving, demanding or promising to lend the same.

Nevertheless, on December 18, 2017, the Defendant listened to the speech that “I will give KRW 400,000 per week to our company if I want to use for the transaction of the bitcoin at our company,” from a person who was aware of a loan advertisement in the vicinity of the store located in Seogu Daegu-gu, Daegu-gu, Seoul-gu, to “I will give to our company 40,000 won per share if I want to lend the account.” The Defendant’s account in the name of the Defendant was drawn at a flusing cycle, and the Defendant’s Saemaeul card linked to the above account was dried and notified of the password of the above bit Card.

Accordingly, the defendant received 400,000 won a week, and lent a accessible medium to a nameless person.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes of E’s written statements and authentic statements (including inquiries about transaction details attached thereto);

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. Strict punishment is required in that the act of lending media access to the reasons for sentencing under Article 62(1) of the Criminal Act can be abused as means of other crimes, such as telephone finance fraud and tax evasion.

In fact, there was fraud damage in relation to the access media that the defendant lent.

However, it shall be considered in light of the favorable circumstances that the defendant's mistake is recognized and reflected, and there is no record of the same kind of punishment, and that there is no profit from the actual acquisition.

In addition, the sentencing conditions, such as the defendant's age, sex, environment, motive, means and result of the crime, including the background of lending the access media of this case, shall be determined as ordered by taking into account all the following factors: