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(영문) 창원지방법원 거창지원 2016.10.05 2016고단305

전자금융거래법위반

Text

A defendant shall be punished by imprisonment with prison labor for three 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

No one shall lend a means of access in the use and management of the means of electronic financial transactions while receiving, demanding or promising any compensation therefor.

Nevertheless, at around 16:00 on March 18, 2016, the Defendant promised to receive 600,000 won in return for the lending of the e-mail card from the Cmat located in Chang-gun, Chungcheongnam-gun, Seoul, to lend the e-mail card and password connected to the new cooperation account (Account Number D) in the name of the Defendant to the person in default of name.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. Application of Acts and subordinate statutes to an application for a warrant of search, seizure, and verification;

1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 1 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. The act of lending the means of access with the reason for sentencing under Article 62(1) of the Criminal Act constitutes a crime that is highly likely to mislead many unspecified victims by facilitating other crimes, such as fraud, and in fact, the crime is not exceptionally committed in light of the fact that the means of access leased by the defendant was used for licensing crimes, etc.

On the other hand, the circumstances favorable to the defendant are that the defendant is against his own crime, that is the first offender, and that there is no benefit from the crime of this case.

Each of the above circumstances is sentenced to the same sentence as the disposition in full view of all the circumstances that form the conditions for sentencing as shown in the records and arguments, such as the defendant's age, character and conduct, occupation and environment.