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(영문) 수원지방법원 안양지원 2019.09.26 2019고단1377
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

No one shall lend a means of access used in electronic financial transactions while promising the receipt of consideration.

Nevertheless, the Defendant received a proposal from a person who was not entitled to receive a statement of his name, and sent cash cards and passwords connected to the F Bank account (Account Number: G) in the front of the D apartment E-dong, Mapopo-si on November 16, 2018 to the person who was not entitled to receive a statement of name, “The Defendant is the head of B Company C, which will use the passbook for three days, and will give KRW 3 million.”

Accordingly, the Defendant promised the acceptance of compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. Transfer certificate;

1. Data on the account of AF bank;

1. Application of the Acts and subordinate statutes capturing 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 lending card was actually used for fraud crime.

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

The instant case did not obtain monetary benefits.

It is an initial crime that has no criminal power.

The punishment shall be determined in consideration of the following circumstances, such as the defendant's age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, and circumstances after the crime.

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