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(영문) 대구지방법원 서부지원 2019.10.16 2019고단1043
전자금융거래법위반
Text

A defendant shall be punished by imprisonment 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 engage in any act of lending any means of access while receiving, demanding or promising to receive compensation, unless otherwise expressly provided for in other Acts.

Nevertheless, on December 2018, the Defendant listened to the statement that he would offer 4 million won if he/she lends Hanice card to be used for giving monthly salary to foreign workers in the company. On December 21, 2018, the Defendant issued the physical card, the means of access to the account of the community credit cooperatives (B) in the name of the Defendant, from the shopping monthly distance in the Daegu Seo-gu, Daegu-gu, Daegu-gu, on December 21, 2018, to the needy male, and notified him/her of the password of the personal identification number of the said account through telephone communications.

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

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes governing withdrawal transactions (C), membership basic information management, certificates of details by transaction account, detailed inquiry of details of transactions, and text message of D dialogue;

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. On the grounds of sentencing under Article 62(1) of the Criminal Act, the act of lending the means of access used in electronic financial transactions, such as the instant crime, as the instant crime, requires strict punishment as an act to assist another crime, such as singing, etc., the Defendant’s lending of the card and the account of the Defendant connected thereto is actually used for singing, taking into account the circumstances unfavorable to the Defendant, such as the fact that the Defendant actually used for singing, and recognizing the facts of the offense, and having no record of punishment for the same kind of crime, etc., shall be determined as per the order, considering

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