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(영문) 수원지방법원 안산지원 2019.03.29 2018고단4445
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

Except as otherwise expressly provided for in other Acts and subordinate statutes, no person shall borrow or lend any means of access used in electronic financial transactions while receiving, demanding or promising to receive any consideration.

Nevertheless, on November 13, 2018, the Defendant would make use of the account for three days from the person who was named as an employee of a liquor company for the purpose of lending the account, and pay 2.1 million won to him/her.On the same day, at around 12:00 of the same day, he/she heard and consented to the horses, and then delivered one check card connected to the DNA bank account (E) account in the name of the Defendant in front of the B apartment in Silung City, and issued one check card to the above person in the name of the Defendant through Kwikset service, and notified him/her of the account number and password of the said account with the cell phone.

Accordingly, the Defendant promised to receive compensation and lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A written statement;

1. Application of Acts and subordinate statutes on the results of electronic financial transfer, customer information inquiry table, and details of account transactions;

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. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act requires strict punishment as the means of access that infringes on the trust in electronic financial transactions and the trust in electronic financial transactions is highly likely to be used for other criminal acts. The actual means of access that the Defendant lent is used for the Bosing Fraud is disadvantageous to the Defendant.

It is favorable that the defendant reflects his depth.

In addition, the sentencing conditions of Article 51 of the Criminal Act, such as the defendant's age, character, character, environment, health condition, circumstances after the crime, and circumstances after the crime, shall be determined as ordered.

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