logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2020.04.29 2020고단585
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 may lend a means of access while receiving, demanding or promising any consideration.

On May 13, 2019, the Defendant received a proposal from a member of virtual currency (at least 4.5 million won per day when verifying the ordinary use) that “I would pay for 1.50 thousand won per day when known the account number, authorized certificate, password, etc.,” and consented to the proposal, and then, from May 16, 2019 to May 17, 2019, the Defendant sent the identification number, account password, and mobile OTP PIN number, etc. connected to the B bank account under the name of the Defendant to the said person, and sent the authorized certificate via B bank app, and sent it to the said person via B bank app.

As a result, the defendant promised to pay compensation and lent the means of access to his name in return.

Summary of Evidence

1. Defendant's legal statement;

1. Application of laws and regulations on the Kakao Stockholm messages, CDs, and suspect account details;

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act suspended execution: The lending of the means of access requires strict punishment because it is often used as a means of other crimes, such as scam, scam, etc.; the Defendant took advantage of 300,000 won due to the instant crime; the Defendant’s deposit account provided by the Defendant was actually used in the commission of the crime, such as scam, fraud, etc.; the Defendant recognized and reflects the crime; the Defendant has no criminal records;

arrow