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(영문) 광주지방법원 2019.09.10 2019고단2914
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

except that 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 one shall lend a means of access necessary for electronic financial transactions while receiving, demanding or promising any consideration.

On May 7, 2019, the Defendant: (a) made a future transaction performance and made it clear that “E Bank” as stated in the facts charged of corporate bank accounts under the name of the Defendant is a clerical error; (b) made it clear that it is a clerical error; and (c) made it possible for the Defendant to receive a loan, according to the proposal of an unwritten statement, that “When sending a e-mail card, it is intended to create a Map

The physical card connected to the account (number:D) was sent through Kwikset Service Articles, and the password was notified to be a telephone conversation.

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

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes on account transactions;

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

1. Article 62 (1) of the Criminal Act;

1. The act of lending the means of access for sentencing under Article 62-2 of the Criminal Act with the reason of probation and community service order needs to be strictly punished since it can be used as a means of other crimes, and the means of access for this case leased by the defendant is also used for the crime of fraud, which is disadvantageous circumstances, such as the confession of the defendant, and is against his mistake. The defendant did not obtain benefits from the crime of this case, etc. under favorable circumstances, such as the criminal records of the defendant and other favorable circumstances such as the defendant's age, character and behavior, environment, motive for the crime, and conditions of sentencing under Article 51 of the Criminal Act, such as the criminal records of this case

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