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(영문) 수원지방법원 안산지원 2019.06.21 2019고단1280
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, the Defendant accepted the proposal that “I will use for one time and pay KRW 1.5 million per one unit, if I lend the account to be used as a tax issue.” On January 2018, I sent the Defendant’s debit card (Account Number D) to Kwikset Service and notified the instant debit card’s password to E Mesen.

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 the F;

1. Application of the new Acts and subordinate statutes on financial transaction information;

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. Taking into account all the circumstances, such as the fact that the defendant for the reason of sentencing under Article 62(1) of the Criminal Act recognizes his/her mistake and the fact that the defendant has no record of criminal punishment

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