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(영문) 대구지방법원 2019.03.14 2018고단5965
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four 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

In using and managing a means of access, such as an electronic card used in electronic financial transactions and other similar electronic information, certification certificate, password, no one may borrow or lend a means of access while receiving, requesting or promising any consideration, unless otherwise specifically provided for in any other Act.

Nevertheless, on July 2017, the Defendant received a proposal from Daejeon to the Daejeon Branch Distribution Center, which read, “The Defendant would have lent the passbook to KRW 200,000,000,000,000,000,000,000,000 won.” On the following day, the Defendant received KRW 20,000,000,000,000,000,000,000,000,000,000,000,000,000,00

Accordingly, the Defendant lent the means of access used in electronic financial transactions while receiving compensation.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes on trading lists;

1. Relevant Article 49(4) and (2) and Article 6(3)2 of the Electronic Financial Transactions Act concerning criminal facts, the choice of punishment, and the choice of imprisonment;

1. Even before the reason for sentencing under Article 62(1) of the Act on the Suspension of Execution, the Defendant, even though having been sentenced to a fine of two million won due to the violation of the Electronic Financial Transactions Act, lent the means of access. In addition, the fact that the means of access leased is used for fraud, etc., is not easy to commit the crime.

However, the fact that the defendant recognized the crime of this case and there is no other force of punishment heavier than the above fine, and the defendant's age, character and behavior, environment, circumstances before and after the crime of this case shall be determined by taking into consideration the defendant's age, character and behavior, environment, etc.

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