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(영문) 광주지방법원 2019.05.09 2019고단895
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In using and managing means of access under the Electronic Financial Transactions Act, no person shall transfer or demand, demand or promise to provide compensation, unless otherwise expressly provided for in any other Act.

Nevertheless, around August 14, 2018, the Defendant: (a) received a proposal from a person in secret name who introduced “B Company C team leader” as the “B Company C team leader; (b) stated three days of lending the account and e-mail card; and (c) deposited KRW 5 million in return; and (d) lent the means of access to the said account by promising the Defendant to receive compensation from the “E Gwangju Black Store” located in Gwangju Mine-gu, Gwangju; (b) delivered one e-mail card connected to the F Bank’s account under the name of the Defendant; and (c) sent one e-mail card connected to the F Bank’s account under the name of the Defendant; and (d) notified a person in secret of the password of the said account by text message to receive compensation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. A specification of transactions;

1. Other closures of each I conversation;

1. Application of Acts and subordinate statutes to a criminal investigation report (report on attachment of photographs to I.S.);

1. Relevant Article 49 (4) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense and Articles 6 (3) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions;

1. Article 62 (1) of the Criminal Act;

1. Lending the means of access for sentencing under Article 62-2 of the Criminal Act for probation and community service order needs to be strictly punished because it can be used as a means of other crimes; disadvantageous circumstances such as the defendant's past record of punishment for the same kind of crime; the confession of the defendant and the defendant against his mistake; the defendant does not have any criminal record exceeding the fine; the defendant was unable to obtain any benefit due to the crime of this case; and the defendant was under favorable circumstances such as the defendant's age, character and behavior, environment, motive for the crime, circumstances after the crime, etc. specified in the arguments of this case; and the punishment shall be determined as ordered by taking into account all the conditions of sentencing under Article

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