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(영문) 대구지방법원 안동지원 2019.07.17 2019고단168

전자금융거래법위반

Text

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

In using and managing a means of access, no one shall borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on January 17, 2019, the Defendant: (a) received the proposal that “The head of the marketing division in charge of working in the distribution company B, who is in charge of tax issues, and if you lend 30,000 won per 1 head of the physical card, 3 million won per 3,000 won per 1 head of the physical card.” (b) and promised to receive 9 million won per day on January 28, 2019, and lent the means of access by delivering three physical cards connected to the name of the Defendant’s post office account (F) and the agricultural bank account (F: G, and H) through the printed article in the name of permanent resident E located in D around January 28, 2019.

As a result, the defendant promised to receive the price, and lent the means of access necessary for electronic financial transactions to the name partner.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Return on the results of transfer, and reply to a request for provision of financial transaction information;

1. Photographss and text messages after closure by J;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to the account statement of the Nonghyup Card);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The transfer and lending of the means of access for electronic financial transactions on the grounds of sentencing under Article 62(1) of the Criminal Act can be used as a means of other crimes, and in this case, the means of access leased by the Defendant was used as a singishing crime, thereby causing damage.

However, the defendant shows his attitude to recognize and reflect his mistake.

The defendant seems to have no benefit from the crime of this case, and there is no particular criminal offense against the defendant.

The amount of Bosing damage was not withdrawn from the account of this case.

(b) it;