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(영문) 대구지방법원 서부지원 2020.01.30 2019고단1587
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

In using and managing the means of access, no one shall transfer or acquire any means of access, or receive, request or promise any compensation therefor unless otherwise specifically provided for in other Acts, receive or lend the means of access.

Nevertheless, on February 2019, the Defendant: (a) received a proposal from an unsatisf who assumes the “employee of the oil company” from the unsatisf who assumes the “employee of the oil company; (b) received the proposal that “at least 800,000 won shall be paid to the oil company; (c) if the head of the Tong is leased, each use of the passbook shall be 80,000,000 won shall be paid to the unsatisfed person; and (d) lent the means of access to the means of access by viewing the total 3 physical cards, such as the physical card connected to the “B bank account” and the D Bank account (E) connected to the F Bank account, in return for payment by the unsatisfing person.

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. Report on internal investigation (the date and place of transfer by a suspected suspect A), investigation report (the attached I details of submission of suspect);

1. Application of details of transactions and financial data replies statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The act of lending a means of access for electronic financial transactions on the grounds of sentencing under Article 62(1) of the Criminal Act is likely to impair the security and reliability of electronic financial transactions and be used as a means of other crimes. Therefore, such crime is not good. The Defendant lent the means of access in Chapter Three, and the means of access actually used for fraud is unfavorable.

However, the defendant has been punished for the same crime as he/she has led to the confession of the crime of this case and has committed a mistake.

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