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(영문) 전주지방법원 군산지원 2019.09.20 2019고단863
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than five months.

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

Reasons

Punishment of the crime

No defendant may lend a means of access used in electronic financial transactions to any person who has no fixed occupation, or any person who requests or promises to receive any consideration.

Nevertheless, on December 14, 2018, the Defendant was urged from a nameless person who misrepresented B employees of a liquor company at no more than influent time, to “be asked KRW 2,00,000 if the Defendant lent the passbook for tax reduction or exemption.” The Defendant informed Cbank accounts (D) in the name of the Defendant to E Messen, and then, on December 19, 2018, the Defendant informed the account number and password of the Cbank accounts in the name of the Defendant to E Messen, and then, on December 19, 2018, one OTP (one-time password creation device) was linked to the above Cbank account from the Gamyang-si 688 at the Gamyangyang-si Mayang-si Mayang-ro, and then, notified the above Cbank mobile bank mobile banking operator installed in the cell phone so that the Plaintiff could obtain an authorized certificate in the name of the Defendant and use the transmission function.

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

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Application of Acts and subordinate statutes to details of transactions;

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 reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is that the defendant recognized the crime and reflects the fact that there is no record of criminal punishment, and the crime of this case is a factor for sentencing favorable to the defendant. The crime of this case requires strict punishment due to the fact that the means of access that infringes on the trust in electronic financial transactions and lends the means of access is highly likely to be used for other criminal acts. In fact, the means of access leased by the defendant is deemed to have been used for the crime such as singishing, etc., and in particular, the

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