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(영문) 제주지방법원 2020.03.27 2019고단2499
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor 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

In using and managing a means of access, no one shall conduct any act of providing, demanding or promising compensation, except as otherwise expressly provided for in other Acts.

On August 27, 2019, the Defendant: (a) received a proposal from a name-free person who assumes the position of an employee of a liquor company, stating, “The Defendant will provide 600,000 won per day of rent if he/she lends a physical card; (b) around that time, at the Jeju-do post office located in Jeju-do, Jeju-ro 87 (Donam-dong); (c) sent a physical card connected to the bank account (C) in the name-free person under the name of the Defendant; and (d) around August 29, 2019, notified the name-free person of the password to the Kakao.

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

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. The descriptions of the authentic statements and written statements of the draftD;

1. Each statement or image (including attached documents) of a report on investigation (B) by the police as well as the submission of a suspect;

1. Application of each Act or subordinate statute to the entry into and departure from the Republic of Korea, and the contents of the Kakao Stockholm conversation;

1. Relevant Article 49 (4) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense and Articles 6 (3) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (amended by Act No. 62(1) of the Suspension of Execution (amended by Presidential Decree No. 1) (hereinafter referred to as “the grounds for sentencing”), one month or three years [decision of a sentence], violation of the Electronic Financial Transactions Act (general crime): - The elements for mitigation : simple participation [general person] - where there is no actual amount of profit or minor amount of profit, serious reflectness, no record of criminal punishment [the scope of recommendation], the area of mitigation / [the scope of suspended sentence] 1-6 months, imprisonment / there is no record of simple participation and criminal punishment - there is no record of criminal punishment : The actual amount of profit.

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