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(영문) 대구지방법원서부지원 2020.09.24 2020고단418
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 provide any means of access used to make a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction with or promise to provide or receive any consideration therefor.

Nevertheless, around August 21, 2019, the Defendant received a proposal that “I will receive a tax investigation if I are alcoholic beverage companies, and one account is too large. I will pay KRW 1 million if I will lend the account a day. I will pay if I will do so.” On the other hand, the Defendant sent 2 e-mail card connected to the D Association (E and F) account in the name of the Defendant in the Daegu-gu C office located in the Daegu-gu B by using e-mail.

Accordingly, the Defendant promised to lend the means of access for electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Details of the transfer of the police statement to G, and the application of the Acts and subordinate statutes governing the D Association correspondence data;

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

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

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, considering the fact that the defendant confessions the crime of this case and repents his mistake, that there is no record of punishment for the same kind of crime, and the age, character and conduct, environment, family relationship, means and result of the crime of this case, the punishment as the order shall be determined in consideration of all the sentencing conditions shown in the arguments of this case, including the circumstances after the crime.

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