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(영문) 대구지방법원 2019.10.17 2019고단3651

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 may borrow or lend a means of access for electronic financial transactions, knowing that he/she is to be used for any crime or to be used in such crime.

On January 11, 2019, the Defendant: (a) made a false transaction performance from a person who was named in the name of "B" and obtained a so-called "illegal work loan" to receive a loan after citing false income; (b) on January 16, 2019, around the Daegu Northern Library located in the 75-ro, Daegu Northern District Office, Daegu, Daegu, Inc., the Defendant placed one check connected with the Defendant's name (E) bank account and one check connected with the Defendant's name (G) bank account; and (c) notified the Defendant of the said number and password through telephone.

Accordingly, the Defendant lent two means of access for electronic financial transactions, knowing that they will be used for the purpose of crime or crime.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to H;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentencing conditions indicated in the records of the instant case, including the following circumstances and the Defendant’s age, character and conduct, family relationship, family relationship, home environment, motive and means of the commission of the crime, and the circumstances after the commission of the crime, shall be determined as per the disposition

The favorable circumstances: The criminal facts are recognized and the mistake is divided. The conditions unfavorable to the first offender: the means of access of the accused is used for the crime, resulting in actual damage.