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(영문) 대구지방법원 서부지원 2019.05.30 2018고단2677
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 person shall lend or receive any cash card, password, passbook, etc. necessary for using the cash card, which is the means of access issued by a financial institution, by receiving, demanding or promising to receive any consideration therefor.

Nevertheless, on June 2018, the Defendant received a communication from a person in charge of a liquor company, with the intention of transferring the Defendant’s account to the effect that “if the Defendant sent a physical card, which requires any other person’s account to be reduced or exempted from taxes, and the account number and password are notified, the Defendant would use the account, and return the physical card again via the phone number 2 or 3 days after the second or third day.”

On June 2018, the Defendant sent a physical card connected to the C association D account under the name of the Defendant to the person in distress of his name and sent the password to the person in distress of his name and sent the means of electronic financial transactions to the person in distress of his name by informing the password.

As a result, the defendant promised to receive compensation, and lent the means of electronic financial transactions to the name partner.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the police about E (including the F part of the statement);

1. The application of Acts and subordinate statutes on photographing the details of deposits, B writing pictures, written confirmation on the use of services, and written requests for the provision of financial transaction information;

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

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 may undermine the security and reliability of electronic financial transactions and be used as a means of other crimes. Thus, the crime is not good, and the means of access leased by the defendant was actually used for the crime of fraud.

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