beta
(영문) 대구지방법원 안동지원 2019.03.15 2018고단774

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

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, at around 10:05 on August 6, 2018, the Defendant borrowed one check from a person who has no name, proposed that he would offer three million won per unit, and promised to receive three million won per unit. On the same day, at around 16:30 on the same day, the Defendant issued Kwikset Service Articles in the name of the Defendant’s home located in Ansan-si B with one check connected to the account (number: D) in the name of the Defendant, the means of access and lent the means of access.

As a result, the defendant promised to receive the price, and lent the means of access necessary for electronic financial transactions to the name partner.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written confirmation of the results of electronic financial transfer;

1. Application of Acts and subordinate statutes to investigation reports (CCTV requests for video data);

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. The transfer and lending of the means of access for electronic financial transactions on the grounds of sentencing under Article 62(1) of the Criminal Act can be used as a means of other crimes, and in this case, the means of access leased by the Defendant was used as a singishing crime, thereby causing damage.

However, the defendant shows his attitude to recognize and reflect his mistake.

The defendant seems to have no profit from the crime of this case.

There is no criminal record against the defendant.

In addition, the defendant's age, character and behavior, environment, motive and background of lending means of access, the number of means of access leased, the result of the crime, circumstances after the crime, etc. shall be considered and the punishment as ordered.