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(영문) 광주지방법원 순천지원 2019.04.26 2019고단277
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 may lend a means of access necessary for electronic financial transactions to another person without just cause. However, on September 11, 2018, the Defendant received a proposal that “the Defendant would pay KRW 3 million per account for lending a bank account from a person in default of his/her name,” and accordingly, violated the Electronic Financial Transactions Act by lending two copies of the e-mail card linked to the Defendant’s name-based DNA account (Account Number E) and the F Account (Account Number G) through Kwikset Service at the same day and at the Defendant’s residence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A written petition;

1. Application of Acts and subordinate statutes on account details under A;

1. Article 49 (4) 2 of the Electronic Financial Transactions Act and the main sentence of Article 6 (3) 2 of the same Act concerning criminal facts;

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

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Article 62(1) of the Criminal Act, based on the following factors: (a) the means of access leased by the Defendant for the reasons for sentencing under Article 62(1) of the Criminal Act, which is unfavorable to the Defendant, reflects the Defendant’s mistake; (b) favorable circumstances, such as the primary offender; and (c) the Defendant’s age, family environment; (d) motive and circumstance after committing the crime, etc.

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