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(영문) 대구지방법원 서부지원 2019.05.17 2018고단2305
전자금융거래법위반
Text

1. Defendant A shall be punished by imprisonment for six months.

However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall transfer or take over a means of access, or lend or take over a means of access in return for compensation.

1. On June 14, 2018, Defendant A promised to receive rental fees of KRW 80,000 per week from the company parking lot where the Defendant in Seo-gu, Daegu-gu Defendant was working for the Defendant, and leased the physical card connected to the Defendant’s bank account (E) under the name of the Defendant to the name partner through Kwikset service engineer.

Accordingly, the defendant agreed to receive compensation and lent the means of access to electronic financial transactions.

2. Around June 11, 2018, Defendant B promised to receive a loan fee of KRW 6 million per week from the Defendant’s residence located in Seogu-gu, Daegu-gu, and leased two physical card cards linked to the Defendant’s G Bank Account (H) and I Association Account (J) to the Nonindicted Party in name, via Kwikseter.

Accordingly, the defendant agreed to receive compensation and lent the means of access to electronic financial transactions.

Summary of Evidence

1. Defendants’ respective legal statements

1. The authenticity and written statement of K;

1. Certificates of transfer transactions;

1. Application of the law of this Court to the results of the inquiry into the I Bank on April 22, 2019 (the response of April 22, 2019)

1. Relevant Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act and the Defendants’ choice of punishment for criminal facts

1. The Defendants subject to suspended execution: (a) as the crime related to the means of access with the reason for sentencing under Article 62(1) of the Criminal Act can be abused as the means of other crimes, it shall be strictly punished; (b) the account of this case is actually used for other crimes; and (c) the Defendants are aware of their mistakes; and (d) the Defendants do not commit any such crimes; (c) details of the crimes; (d) criminal records; and (e) the prosecutor’s sentence (two years of suspended execution in October).

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