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(영문) 수원지방법원 안산지원 2019.09.27 2019고단1706
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

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, around December 20, 2018, the Defendant received a proposal from a person who has not been aware of his name, that “I want to pay 4 million won per week if I want to use the check card connected to the account.” On December 20, 2018, the Defendant issued a copy of the check card connected to the corporate bank account (C) in the name of the Defendant on December 20, 2018 to a person who has not been aware of his name.

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. Written complaints and statements of D;

1. Internet banking transaction receipt (E Bank) - D

1. Financial Data Society (Corporate Bank) - A

1. Application of Acts and subordinate statutes to the Fitization of identification data (A submitted);

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 are recognized and reflected: The Defendant’s age, character and behavior, environment, motive and circumstance of the crime, circumstances after the crime, etc. are considered as having no record of the same crime, and the punishment is determined as per the order by taking account of various sentencing conditions shown in the process of the

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