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(영문) 수원지방법원 안산지원 2019.09.05 2019고단2405
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 used in electronic financial transactions, no one shall borrow or lend a means of access, or store, deliver or distribute a means of access, requiring or promising to receive, request or promise any compensation, unless otherwise expressly provided for in any other Act.

Nevertheless, around February 18, 2019, the Defendant listened to the statement that “If he loans 40-5 million won for the purpose of tax saving, he will pay 400-5 million won if he/she lends e-mail card for tax saving.” On February 18, 2019, at around 12:00, he/she issued one e-mail card connected to the d bank account (E) in the name of the Defendant in the front of the house located in Gwanak-gu, Seoul Special Metropolitan City, through Kwikset service article, and notified him/her of the password.

Accordingly, the Defendant promised to receive compensation and lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes to two copies of a transaction statement, two copies of a bankbook, customer personal information inquiry, a detailed statement of deposit transaction, and copies of a bankbook;

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. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, the sentencing conditions indicated in the records, such as the following circumstances and the defendant’s age, environment, motive, means and consequence of the crime, etc., shall be determined as set forth in the text.

Unfavorable circumstances: The lending of a means of access not only undermines the stability and trust of electronic financial transactions, but also provides the means of other crimes, such as singing, etc., so it is necessary to severely punish the social harm. In fact, circumstances in which the means of access leased by the defendant is used for singing crimes: the defendant recognizes the crime and reflects it.

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