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(영문) 수원지방법원 안산지원 2019.08.30 2019고단2184

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Except as otherwise provided for in any other Act, no one shall lend any means of electronic financial transactions with the receipt, request or promise of the consideration.

Nevertheless, on January 1, 2019, the defendant received a proposal that "I will pay 80,000 won if I lend 30,000 won to other people's account by receiving money from several customers." On this occasion, the defendant sent a e-mail card connected to the account in the name of the former husband D in Ansan-si, the defendant sent a e-mail card to the former husband D's account and delivered it to the latter.

As a result, the defendant promised to receive compensation, and lent the means of access to a name-in-fact victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Documents and written statements of G;

1. Details of transactions in the accounts of the D E bank;

1. Invoice; and

1. Application of Acts and subordinate statutes to photographs of details of transfer of money;

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. Circumstances unfavorable to sentencing under Article 62(1) of the Criminal Act: The crime of lending the means of access is a crime detrimental to the security and trust of financial transaction, and the leased card, etc. may be abused as a means of other crime. The circumstances in which the means of access leased by the Defendant actually used for the crime of Bosing fraud: The Defendant’s age, character and conduct, environment, motive and circumstance of the crime, circumstances after the crime, etc. are considered as having been committed, and the punishment as ordered is determined by comprehensively taking account of various sentencing conditions in the process of trial and records