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(영문) 수원지방법원 2019.08.30 2019고단2850
전자금융거래법위반
Text

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 becomes final and conclusive.

Reasons

Punishment of the crime

No person shall borrow or lend a means of access while demanding, demanding or promising compensation.

Nevertheless, at around March 11, 2019, the Defendant: (a) received a proposal and consented to the proposal that “I would like to reduce unreasonable taxes. I would like to give KRW 2700,000 per each time when I borrowed the card for three days; (b) then sent to D, who sent the above-mentioned names from “C” located in Suwon-gu, Suwon-si, Suwon-si; and (c) sent two copies of the check cards connected to the E bank account (F) and G bank account (H) in the name of the Defendant; and (d) notified the password of each account by text message.

Accordingly, the Defendant promised to receive compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes on police statements made to I and D;

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. Article 62 (1) of the Criminal Act;

1. The act of lending the means of access to electronic financial transactions with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is an act of providing the means of access to other crimes, such as showing, phishing, etc., and the other crimes normally cause large damage to a large number of victims, and such risk is very large.

Although the Defendant was aware that he borrowed the means of access in a liquor company to reduce taxes, it is apparent that he/she also committed an illegal act.

In this regard, the defendant's confession and reflects the defendant, only the defendant has been sentenced to a fine four times, and the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, etc. shall be determined like the order, taking into account all the circumstances after the crime, etc.

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