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(영문) 대구지방법원 서부지원 2019.09.04 2019고단253
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 any means of access to a transaction request in electronic financial transactions or to use and manage a means of access used to secure the authenticity and accuracy of users and the details of such transaction, unless otherwise specifically provided for in any other Act.

Nevertheless, around 16:00 on June 1, 2018, the Defendant received a proposal to the effect that the “Taeari-dong post office” located in 1578-11 according to the Yari-gu 1578-11, and would pay 10% of the deposit amount to a person who is not aware of his/her name as a commission if he/she lent his/her check to a liquor company.” After accepting it, the Defendant sent a copy of the check card linked to the BF’s account (C) in the name of the Defendant to the designated place by a person whose name is unknown, and sent the password to the person whose name is unknown.

Accordingly, the Defendant lent the means of access while receiving, demanding or promising compensation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. An investigation report (verification of the details of issuance and re-issuance of a e-mail card A in the name of the B association account);

1. Application of details of transactions, new data on financial transaction information, and copies of bankbooks Acts and subordinate statutes;

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. On the grounds of sentencing under Article 62(1) of the Criminal Act, the act of lending the means of access used in electronic financial transactions, such as the instant crime, as the instant crime, requires strict punishment as an act assisting another crime, such as singing, etc. In addition, the circumstances after the crime are also good, such as: (a) the cream card and the Defendant’s account leased by the Defendant was actually used for singing; (b) the Defendant’s initial police investigation did not send the cing card; and (c) making false statements.

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