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(영문) 전주지방법원 군산지원 2019.09.06 2019고단721
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 became final and conclusive.

Reasons

Punishment of the crime

No defendant who is a door-to-door engineer, and no one shall lend a means of access used in electronic financial transactions while receiving, demanding or promising the payment.

Nevertheless, on March 11, 2019, the Defendant called “C” office, the Defendant, the Defendant’s employee of the Defendant, in the military service city B, to “C” office, and called the Defendant to “as if he lends one check, he would give a total of KRW 2,400,000,000,000,000,000 to the Defendant’s name.” On March 11, 2019, the Defendant sent one check connected to the Defendant’s bank account (E) and then sent the password to the F Mes.

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

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Application of statutes on the account transfer certificate;

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 reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is that the defendant recognized the crime and reflects the fact that there is no same criminal record, and the crime of this case is a factor for sentencing favorable to the defendant. The crime of this case requires strict punishment because it infringes on trust in electronic financial transactions and lends the means of access to other criminal acts is highly likely to be used for other criminal acts. The actual fact that the means of access leased by the defendant is deemed to have been used for the crime such as singishing, etc. is considered to be the factor for sentencing unfavorable to the defendant. In addition, the punishment was determined as ordered in consideration of the defendant'

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