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(영문) 대구지방법원 서부지원 2019.07.04 2018고단3273
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 one shall lend any means of access to a transaction request in electronic financial transactions or to use and manage a means of access used to secure the authenticity and accuracy of users and the details of such transaction, unless otherwise specifically provided for in any other Act.

Nevertheless, at around 15:00 on June 19, 2018, the Defendant received a proposal from a person whose name is unknown to the effect that “C” in Daegu-gu, Daegu-gu, the Defendant would pay 1 million won per 1,000,000 won per 1,000,000 won per 3 days, if he/she borrowed the e-mail card from a person whose name is unknown.” After accepting the proposal, the Defendant sent two copies of the e-mail card linked to the e-mailed community credit cooperatives account (D) and the Daegu-gu bank account (E) in the name of the Defendant to the designated place by the person whose name is unknown, and notified the person whose name is unknown of the password of each of the above accounts.

Accordingly, the Defendant lent the means of access while receiving, demanding or promising compensation.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the G statement;

1. Data on warrant of search, seizure and verification;

1. Details of conversation, financial transactions of the principal, details of transactions, and passbooks;

1. Application of the Acts and subordinate statutes to photographs of text messages, and photographs of the contents ofF conversations;

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 the means of access for electronic financial transactions on the grounds of sentencing under Article 62(1) of the Criminal Act can be used as a means of crime undermining the security and reliability of electronic financial transactions and other crimes. Therefore, the crime is not good, and the means of access leased by the defendant was actually used for the crime of fraud.

However, the defendant confessions the crime of this case and repents the mistake, and this case.

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