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(영문) 대전지방법원 천안지원 2019.08.08 2019고단1144
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

No person may, in using and managing a means of access, borrow or lend the means of access while receiving, demanding or promising any compensation therefor.

On February 19, 2019, the Defendant: (a) received a proposal from a person who was missing in his name, stating that “The head of Tong to be used to prohibit the supply of alcoholic beverages shall be KRW 2.4 million per day on a three-day loan; and (b) on February 19, 2019, the Defendant sent a copy of the physical card connected to the Defendant’s name card to the D Bank Account (E) account in the name of the Defendant at the C office located in Asan-si, Asan-si on a three-day loan.

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

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Details of transfer and replies by financial institutions;

1. Application of the Acts and subordinate statutes on characters and G dialogues;

1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act (Options of Imprisonment with prison labor);

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution recognizes and reflects the Defendant’s mistake, and there is no record of punishment for the same crime, the means of access under the Electronic Financial Transactions Act not only undermines the security and reliability of electronic financial transactions, but also facilitates other crimes, and the means of access provided by the Defendant was actually used for the crime (However, the amount of damage from Bophishing was not actually withdrawn and returned to the victim) and other punishment as ordered by the Defendant, taking into account the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, and other various sentencing conditions specified in the argument of this case.

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