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(영문) 수원지방법원 안산지원 2019.08.30 2018고단642

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 became final and conclusive.

Reasons

Punishment of the crime

No person shall issue a transaction request in electronic financial transactions while receiving, requesting or promising any consideration, borrow or lend a means of access used to secure the authenticity and accuracy of users and the details of such transaction, or keep, deliver or distribute the means of access.

Nevertheless, on December 26, 2017, the Defendant accepted the proposal that “If one card is lent for three days, the Defendant would give KRW 600,000,000,000” from the person who was not the deceased, and accepted it and sent to Kwikset service article who was named in B apartment and C when the game light is opened, it would bring about the physical card connected to the D Association account (E) in the name of the Defendant.

Accordingly, the Defendant promised to pay and lent the means of access to electronic financial transactions.

Summary of Evidence

1. Statement of the defendant in the first protocol of trial;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. The written statement of the defendant;

1. The document of F;

1. Details of deposit transactions;

1. Application of the Acts and subordinate statutes on replies;

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. Reasons for sentencing under Article 62(1) of the Criminal Act: The act of lending the means of access to a means of access needs to be strictly punished because it can be used as a means of other crimes; the means of access to this case leased by the accused can be used as a means of fraud and the nature of the crime is not good; circumstances favorable to reducing the face of the crime after his/her absence on the date of pronouncement: the accused is recognized; the accused has no record of criminal punishment; and the accused’s age, character and behavior, environment, motive and circumstance of the crime, circumstances after the crime, etc. are determined as ordered by taking account of various sentencing conditions as shown in the trial