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(영문) 대구지방법원 서부지원 2018.08.14 2018고단1000

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall lend or receive a cash card, a password necessary for using the cash card, and a cash card issued by a financial institution, or a passbook, etc. when demanding, demanding, or promising to provide, demand, or promise the price therefor.

Nevertheless, at the end of November 2017, the Defendant, via a cell phone around the end of November, 2017, sent a physical card from a person without his/her name to obtain a loan of KRW 3 million when informing him/her of his/her password, and received a loan to return the physical card when he/she deposits the loan. However, the Defendant thought that the Defendant’s account was in the name of the Defendant.

On December 3, 2017, the Defendant informed the Defendant’s office located in Daegu-gu, Seo-gu, of the identification number of the physical card connected to the Defendant’s new bank C account under the name of the Defendant, and sent the Defendant a physical card, which was linked to the said new bank account at the front of the Defendant’s office, via Kwikset service, around December 4 of the same year.

As a result, the Defendant promised to return the intangible expected interest to receive future loans in return for the future and lent the access media to the name influence.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to the detailed statement of transactions, search and inspection warrant and reply data for automatic payment in cash;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act, the selection of imprisonment with prison labor;

1. Strict punishment is required in that the act of lending media access to the grounds for sentencing under Article 62(1) of the Criminal Act can be abused as a means of other crimes, such as scaming, etc.

In fact, there was fraud damage in relation to the access media that the defendant lent.

However, the fact that the defendant recognizes his mistake and reflects his mistake, and that there is no significant penalty history exceeding the same punishment and fine, etc. shall be considered in favor of the defendant.

. Other defendant.