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(영문) 서울북부지방법원 2019.08.30 2019고단1214
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 became final and conclusive.

Reasons

Punishment of the crime

No person shall lend any cash card or a password necessary to use the means of access to electronic financial transactions, any user number registered with a financial institution or an electronic financial institution, etc. to any third person for consideration.

Nevertheless, on November 16, 2018, the Defendant: (a) made a telephone conversation with a person who assumes an employee of an unsatised liquor company; (b) lent a e-mail card for three days to receive KRW 2.4 million; and (c) promised on November 19, 2018, the Defendant leased the means of access to electronic financial transactions by promising that “If an account is necessary for tax reduction or exemption due to a problem of tax reduction or exemption, if the account is lent for three days, 2.4 million won shall be paid if the account is leased)” from the unsatisfed person; and (d) promised to deliver the e-mail card connected to the d bank account under the name of the Defendant to the unsatisf; and (e) promised to provide the e-mail with the e-mail.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. A specification of transactions;

1. Application of F message content legislation;

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. Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Act on the Suspension of Execution (see, e., Supreme Court Decision 2006Da1448, Apr. 2, 2006)

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