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(영문) 수원지방법원 안양지원 2019.07.18 2019고단949
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 expressly provided for in any other Act, no person shall borrow or lend a means of access used in electronic financial transactions in receiving, requesting or promising to receive, request or promise any compensation.

Nevertheless, at around 18:00 on January 24, 2019, the Defendant sent one physical card connected to the account in the name of the Defendant via Kwikset service article, and sent one physical card connected to the account in the name of the Defendant to Kwikset service provider via Kwikset service article, and notified the non-resident of the above physical card's password to the above physical card. The Defendant sent one physical card, which was connected to the account in the name of the Defendant, to Kwikset service article, under the contact that the Defendant would make a statement of personal benefit and let him get loans from the bank using it. When making the payment statement, the Defendant should create the transaction performance in accordance with the payment statement several times by using the personal account.

Accordingly, the Defendant promised to obtain intangible expected profits that can be given future loans through the details of transactions of deposit and withdrawal in return for the lending of the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Data on financial information of the accounts of the Cbank;

1. Certification of details of deposit transactions and details of transactions;

1. Application of the Acts and subordinate statutes on text messages;

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 the reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the following favorable circumstances): The instant crime is a crime detrimental to the security and trust of financial transactions.

The leased cards, etc. can be abused as a means of other crimes, and the Defendant's lending cards have been actually used for fraud crimes.

The favorable circumstances are against the defendant's wrong recognition.

In this case.

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