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(영문) 대구지방법원 서부지원 2019.10.02 2019고단1042
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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

In using and managing a means of access, such as an electronic card used in electronic financial transactions and other similar electronic information, certificate, password, no one may borrow or lend a means of access by receiving, requesting or promising any consideration, unless otherwise specifically provided for in any other Act.

Nevertheless, on December 5, 2018, the Defendant received a proposal from a person who was not the deceased person’s name to the effect that “B is a liquor company, and is leased to an account for the purpose of saving taxes.” On March 3, 2018, the Defendant consented to the proposal, using 3 days’ use of 5 million won and 10 million won for 6 days’ use. On the same day, the Defendant sent a physical card connected to the Defendant’s account under the name of the Defendant at the Seogu post office located in Pyeongtaek-gu, Daegu-gu, Daegu, to a person who was not the deceased person, and sent a password via B message.

As a result, the Defendant promised to pay for, lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Finding and reporting on the details of financial transactions;

1. Application of the details of financial transactions and the Acts and subordinate statutes governing financial 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 act of lending the means of access used in electronic financial transactions, such as the instant crime on the grounds of sentencing under Article 62(1) of the Criminal Act, as the instant crime, requires strict punishment as an act assisting another crime, such as singing, etc., and considering the fact that the cream card and the account of the Defendant connected to the card lent by the Defendant was actually used for the singing crime, etc. at a disadvantage of the Defendant, the fact that the Defendant recognized the facts of the crime and the fact that the accounts of the Defendant connected to the card have been actually used for

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