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(영문) 대전지방법원 천안지원 2019.10.10 2019고단1427
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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 a means of access to electronic financial transactions while demanding, demanding or promising the payment.

Nevertheless, on February 18, 2019, the Defendant received a proposal from a nameless person who referred to as a person related to a non-specific liquor company through telephone, that “I will pay KRW 900,000 per day for the loan of the e-mail card. I will pay 90,000 won per day,” and around 19:00 of the same month, the Defendant notified Kwikset service article of the personal identification card connected to the D (E) account in the name of the Defendant to the Kwikseter who sent the non-indicted to the Kwikseter's name at around 12:00 of the same month.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. G statements;

1. Requests for providing financial information;

1. Application of Acts and subordinate statutes on the report on internal investigation (the details of transfer and the details of conversation attached), the details of transfer, and the details of dialogue;

1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act (Options of Imprisonment with prison labor);

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution recognizes and reflects the defendant's mistake, and there is no record of punishment for the same crime, the means of access under the Electronic Financial Transactions Act not only undermines the security and reliability of electronic financial transactions, but also facilitates other crimes, and the means of access actually provided by the defendant is used for the crime (However, the amount of damage, which is one million won suspended and refunded to the victim), and other punishment as ordered, taking into account the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, and other various sentencing conditions specified in the argument of this case.

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