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(영문) 수원지방법원 안산지원 2020.01.09 2019고단4246
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 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 June 26, 2018, the Defendant received text messages stating that “A Co., Ltd. is a stock company B....... need to account as a matter of tax reduction or exemption of a company, and would pay 2 million won per unit if he/she would use the physical card for 15 days.” On June 26, 2018, the Defendant accepted it, and around 15:00 on June 26, 2018, sent the debit card (Account Number E) under the name of the Defendant to Kwikset-si, the Defendant sent it to Kwikset-si 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 written statement;

1. The application of the relevant Act and subordinate statutes to a petition (including attached documents, such as a remittance receipt) and each investigation report;

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;

1. The punishment of a fine for the same kind of offense as the sentencing of Article 62-2 of the Social Service Order Criminal Act shall be determined as ordered in consideration of all the sentencing factors shown in the pleadings of the instant case, including the Defendant’s age, environment, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, etc., including the fact that the punishment of a fine has

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