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(영문) 수원지방법원 안산지원 2019.09.06 2019고단2197
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 provided for in any other Act, no one may lend a means of access to any electronic card used in electronic financial transactions and other means of access, such as an electronic card, electronic information equivalent thereto, certificate, password, etc., upon request or promise, unless otherwise provided for in any other Act.

Nevertheless, around April 9, 2019, the Defendant accepted the proposal that “the payment account for illegal foreign workers is being recruited by telephone from the person who was not registered in the name of the Defendant,” and accepted the proposal that “the Defendant would lend a five-day account and pay a three million won loan.” On April 13, 2019, the Defendant sent the debit card (Account Number C) of the Defendant under the name of the Defendant to Kwikset service and notified the password of the above debit card by telephone.

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

Summary of Evidence

1. Defendant's legal statement;

1. A report on damage to D;

1. Application of Acts and subordinate statutes to investigation reports (attached to a detailed statement of account transactions in the E Association), investigation reports (attached to a detailed statement of account transactions in the A);

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. All circumstances, including the fact that the defendant for the reason of sentencing under Article 62(1) of the Criminal Act recognizes his mistake and that the defendant has no criminal record exceeding the same criminal record or fine;

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