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(영문) 부산지방법원 2019.09.18 2019고단3447
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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 person shall issue a transaction request in electronic financial transactions while receiving, requesting or promising any consideration, or lend a means of access used to secure the authenticity and accuracy of users and the details of such transaction, or keep, deliver or distribute the means of access.

Nevertheless, around January 10, 2019, the Defendant accepted a proposal that “The Defendant leased an account for fund management in order to reduce taxes by causing a lot of profits to be generated from a sports earth company.” The Defendant accepted the proposal that “10% of the deposited money as commission.” On January 14, 2019, around January 15:00, the Defendant sent a physical card connected to the Defendant’s bank account under the name of the Defendant through the Articles of Kwikset (C) in the name of the Defendant to the above bearer and notify the Defendant of the password’s password by telephone.

Accordingly, the Defendant promised to pay and lent the means of electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police and prosecutorial examination of the accused;

1. Statement of D police statement;

1. Statement of account transactions and certificate of account transaction results;

1. Application of Acts and subordinate statutes, such as E text messages;

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. It is correct as to the circumstances that the defendant committed the instant crime in spite of the fact that the sentencing period under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Probation Act has once the same force to the defendant, and that the means of access leased by the defendant has been damaged by nine million won due to the use of the means of access in Bosing, and that the two victims are punished by imprisonment, but the defendant is against his mistake and there is no benefit from the instant crime, and that his lent electronic financial transaction would be used for Bosing.

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