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(영문) 수원지방법원 2019.08.22 2019고단2048

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 becomes final and conclusive.

Reasons

Punishment of the crime

No one shall lend a password, a user number, etc. registered with a financial institution or an electronic financial institution, which is necessary for the use of the cash card or cash card which is the means of access of an electronic financial transaction, in receiving, requesting or promising any consideration.

Nevertheless, around December 26, 2018, the Defendant received text messages to the effect that “the Defendant would give 4 million won to 15 days if he/she issues a physical card” from a person who has no personal identity, and accepted the said proposal. Around that time, the Defendant lent means of access by promising to notify the person who has no personal name, of the password of the above physical card through Kwikset Service’s article, through Kwikset Service’s article, and to receive a price by notifying the person who has no personal name, of the password of the above physical card.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of the details of transactions of deposits, copies of passbooks of banks, and F message-related Acts and subordinate statutes;

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

1. The reason for sentencing under Article 62(1)(C) of the Criminal Act is that the means of access that the Defendant promised to pay and lent was used for the crime of Bosing, and that the damage was committed is disadvantageous to the Defendant.

However, the defendant's mistake and reflects, and the fact that there is no criminal record is favorable to the defendant, and the defendant does not seem to have actually received any consideration.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the age, character and conduct, family relations, motive and means of a crime, circumstances after a crime, etc. and various sentencing conditions shown in the records and pleadings of the case.