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(영문) 대전지방법원 천안지원 2019.09.04 2019고단415

전자금융거래법위반등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

"2019 Highest 415"

1. In using and managing a means of access, no person who violates the Electronic Financial Transactions Act may borrow or lend a means of access while requesting or promising to receive, request or promise any compensation, unless otherwise specifically provided for in any other Act;

On November 20, 2018, the Defendant, at around 16:00, offered a proposal from a person who referred to as the team leader of a mutually unfavorable liquor company B, that he would be subject to tax reduction or exemption. In return for the lending of the head of the Tong, the Defendant lent one check card connected to the name-free Kwikseter’s account (E) on November 21, 2018 and provided a password to the article of Kwikseter’s account (E) on November 15:00, 2018.

Accordingly, the Defendant promised to receive compensation and lent the means of access for electronic financial transactions.

"2019 Highest 1628"

2. On March 14, 2019, the Defendant, at around 06:15, driven an I-wide car from the A-si F apartment G-dong path at the entrance of the above apartment without obtaining a driver’s license, to the G-dong path again, via H convenience points at the entrance of the above apartment.

Summary of Evidence

"2019 Highest 415"

1. Defendant's legal statement;

1. Statement to J police officers;

1. Certificates of transfer results, certificates of search, seizure, verification warrant and reply materials, and personal financial transactions (influences) "1628";

1. Defendant's legal statement;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article of the Act on Criminal Facts, Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act (a means of lending access media), Article 152 subparagraph 1 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act (a point of driving without a license), and the selection of imprisonment with prison labor;

1. Among concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act have occurred by using the means of access leased by the defendant, and most of the damages have not been recovered.