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(영문) 대전지방법원 서산지원 2019.06.19 2019고단176
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 the means of electronic financial transactions, no one may lend the means of access while promising any consideration, unless otherwise specifically provided for in any other Act.

On January 2, 2019, the Defendant: (a) received a proposal from a person without his name, stating that “a e-mail card, in which the limit is formed, will be given if the Defendant sent a e-mail card; (b)” and (c) delivered the e-mail card connected to the Defendant’s account in the name of the E-bank (F) in the name of the Defendant’s type D, which was used by using the Defendant’s home at the office located in Jinjin-si, B on January 7, 2019.

As a result, the Defendant promised to receive intangible expected gains from future loans and lent the means of access to a person who is not his/her name.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes on photographics by account details, a search and seizure warrant, a statement of conversations between H and H, and closure;

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 lending of the means of access used in electronic financial transactions for the reason of sentencing under Article 62(1) of the Criminal Act is seriously harmful to society as it is abused in the singishing crime, etc., the defendant has already been subject to suspension of indictment due to the same kind of crime, and the recognition of and reflects the defendant's mistake, and the actual occurrence of damage caused by singing was not occurred, and circumstances favorable to the defendant, such as the defendant's age, character and conduct, environment, criminal records, criminal records, circumstances after the crime, etc. are considered, and all other circumstances, including the defendant's age, character, environment, criminal records, criminal records

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