beta
(영문) 대구지방법원 2019.08.20 2019고단3356

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six 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

[Criminal Justice] On June 11, 2019, the Defendant was sentenced to a two-year suspended sentence of imprisonment with prison labor for a special assault by the Daegu District Court on August 11, 2019 and the said judgment became final and conclusive on June 19, 2019.

【Criminal Facts】

Except as otherwise expressly provided for in any other Act, no one shall lend a means of access to any electronic card used in electronic financial transactions and other means of access, such as an electronic card, electronic information equivalent thereto, certificate, password, etc., upon receipt or promise of any consideration.

Nevertheless, around March 5, 2019, the Defendant received a proposal from a nameless person who became aware of via the Internet to allow loans from the bank even if he/she is unable to obtain loans from the bank if he/she sending the passbook, identification card, security card connected to the passbook, etc., and accepted it. On March 6, 2019, at around 14:00 on March 6, 2019, the Defendant sent the Cbank (Account Number: D) connected to the account from the Defendant’s residential address located in Yong-do, Yong-do, the Defendant sent the nameless person via Kwikset service article.

Accordingly, the defendant promised to receive a future loan in return for the intangible expected profit, and lent the means of access in electronic financial transactions to a name-in-facte.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police with respect to the petitioner (E) and E;

1. Details of account transactions remitted by a report on internal investigation (E);

1. Previous convictions: Criminal records, investigation reports (suspects' criminal records confirmation reports and court rulings) and application of statutes;

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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act - The means of access lent by the defendant was used for the crimes of Bophishing, causing damage.

- Recognizing and opposing the commission of the offence;

. The above.