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(영문) 대전지방법원 홍성지원 2016.10.11 2016고단474
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

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

Nevertheless, around August 7, 2015, the Defendant received a proposal from a person without his name to the effect that “on the face of lending the passbook, the Defendant would give KRW 2.5 million per month.” On the same day, the Defendant transferred the physical card and the password, which is a means of access connected to the Defendant’s new cooperation account (C) under the name of the Defendant, in front of the Defendant’s office located in Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-gun.

Accordingly, the defendant agreed to receive compensation and lent the means of access for electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes, such as details of account transactions and account transactions;

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 reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution is that the defendant has promised a considerable amount of compensation and has caused infringement on the stability and reliability of electronic financial transactions by lending the means of access without permission.

Since the physical card leased by the defendant was abused for the actual crimes of Bosing, the victim will be sentenced to imprisonment with prison labor.

However, the defendant committed the crime of this case in the economically imminent wife, and there is no benefit from this.

The defendant confessions the crime of this case and reflects it, and has no criminal record of the same kind, and there is no criminal record other than a fine once.

In addition, the defendant's age, character and conduct, environment, motive of crime, etc. of this case and all the conditions of sentencing as shown in the records and pleadings shall be comprehensively determined as ordered and the execution thereof shall be suspended.

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