beta
(영문) 대구지방법원 서부지원 2020.02.19 2019고단591

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for 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 may transfer any means of access to another person or lend any means of access with the receipt, request or promise of any compensation.

Nevertheless, at around 19:00 on November 13, 2018, the Defendant sent the physical card of the bank account (E) opened in his name to a person in the name in return for the lending of the physical card for three days after the need for the physical card to reduce the tax of a liquor company” from a person in the name-free on the front side of Daegu-gun B apartment Cdong, Daegu-gun, 2018. The Defendant, upon receipt of a proposal, sent the physical card of the bank account (E) opened in his/her name to a person in the name in return for his/her name, and sent the bank password to a person in the name in return for the receipt

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made by the police of the F;

1. Copies of the Kakao Stockholm conversation data, and remittance receipt;

1. Application of Acts and subordinate statutes to an investigation report, the execution of a search and seizure warrant, and data on financial transaction information;

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The crime of this case is committed not only undermining the safety and trust of financial transactions, but also under significant circumstances that can be abused as a means of other crimes, such as leased cards, etc., and the fact that leased cards, etc. have been used for actual fraud: The defendant led to the crime of this case; the defendant has not been able to make a confession and repent of the crime of this case; the defendant has only three times of fine; and the defendant has only three times of fine for other types of crimes; and all other kinds of crimes are conditions for sentencing as shown in the arguments of this case, such as age, character and behavior, environment, motive and background of the crime, means and consequence.