beta
(영문) 청주지방법원 2020.01.29 2019고단2190

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six months.

However, 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

In using and managing a means of access, no one shall engage in any act of lending any means of access while receiving, demanding or promising to receive compensation, unless otherwise expressly provided for in other Acts.

On April 28, 2019, the Defendant sent a e-mail card to the effect that “a loan may be made at a low interest rate of up to three million won” from a lending business entity under the name of the Defendant (one name “B”). On our side, the Defendant was willing to return the e-mail card after the completion of the repayment of principal and interest when sending the e-mail card so that principal and interest can be withdrawn.”

On April 30, 2019, around 13:10 on April 30, 2019, the Defendant issued a physical card connected to the E-bank account (Account NumberF) under the name of the Defendant, to the person in default of name, and notified the password around that time.

As a result, the Defendant promised to receive a future loan in return for an intangible expected profit, and lent the means of access to a person with no name.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Application of statutes on details of financial transactions;

1. Relevant Article 49 (4) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense and Articles 6 (3) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. One month to three years from the date of imprisonment with prison labor within the applicable sentencing range by law; and

2. Six months of imprisonment with prison labor for the decision of sentence, two years of suspended sentence: The existence of the same kind of force, and the means of access as in this case can be abused for crime and thus have great social harm: The defendant seems to be against this case, and the above circumstances shall be determined as above in light of the defendant's age, character and behavior, environment, motive for crime, means and result, etc.