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(영문) 광주지방법원 순천지원 2019.09.26 2019고단1527
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 person shall lend any means of access necessary for electronic financial transactions at the request or promise to receive, request or lend, or keep, deliver or distribute any means of access.

Nevertheless, on March 22, 2019, in order for the Defendant to obtain a loan of three million won from a person who has no name, the Defendant received a proposal that "the details of transactions, identification cards, resident registration certificates, and physical cards need to be sent for three months," and around that time, he/she violated the Electronic Financial Transactions Act by lending one check card linked to the Defendant's account in his/her name in his/her name to a person who has been managed by the Defendant in his/her name in his/her name in the name of the Nong Bank (E).

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes on remittance-related account statements and account statement in the name of D;

1. Relevant Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act concerning criminal facts, and the choice of imprisonment with labor;

1. The act of lending the means of access on the grounds of sentencing under Article 62(1) of the Criminal Act is an act that facilitates various crimes, such as tax evasion, Internet gambling, and scaming, and the relevant social harm is not severe, and the relevant crime is not minor.

However, the punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the defendant reflects the wrongness of the defendant; (b) the motive and circumstance of the crime of this case; (c) the motive and circumstance of the crime of this case; (d) the number of means of access transferred; (e) the amount of relevant damage; (e) the circumstances after the crime; and (e) the age, character

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