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(영문) 대구지방법원 2019.07.11 2019고단1778

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.


Punishment of the crime

In using and managing a means of access, such as an electronic card used in electronic financial transactions and other similar electronic information, certification certificate, password, no one may borrow or lend a means of access while receiving, requesting or promising any consideration, unless otherwise specifically provided for in any other Act.

Nevertheless, around April 30, 2018, the Defendant received a proposal from an unsatisfying person who searched and contacted “Satfy passbook” on the Internet B website to send a 400,000 won per face-to-face card to be used for tax reduction and exemption, and consented thereto. On the following day, the Defendant sent a physical card connected to the Defendant’s name unsatisfy’s bank account (Account Number: C) at a post office located in Dobong-gu, Daegu-gu, Daegu-gu.

As a result, the Defendant promised to pay for, lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on search and seizure warrant and reply data;

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. The punishment of Article 62(1) of the Criminal Act is not exceptionally applied to the means of access leased by the defendant for the reason of sentencing under Article 62(1) of the Criminal Act.

However, the sentencing conditions stated in the records of this case, such as the defendant's age, character and conduct, family relation, family relation, home environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered by taking into account the following factors: (a) the defendant's first offender is acknowledged to commit the crime; (b) the first offender