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(영문) 대구지방법원 서부지원 2019.09.19 2019고단1158

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

No person shall, in using and managing the means of access, borrow or lend the means of access or store, deliver or distribute the means of access with the knowledge that they are to be used for a crime or to be used for a crime.

Nevertheless, the Defendant, at a low interest rate of KRW 5 million from a name-free person who assumes the “B” staff member, was urged to make a false entry and withdrawal transaction in order to obtain a loan, and the credit rating point should be enhanced by making up a false entry and withdrawal transaction. In spite of the Defendant’s credit, the Defendant was unable to obtain a loan, and the Defendant’s false transaction performance was created and received so-called “illegal work loan” for the lending company by deceiving the lending company by raising credit rating by raising a false credit rating, and around January 25, 2019, the Defendant sent a physical card connected to the account (F) in the name of the Defendant at the D convenience store located in the Daldong-gun, Chungcheongnam-gun, Chungcheongnam-gun, Seoul around January 25, 2019.

Accordingly, the Defendant lent the means of access knowing that it will be used for crime purposes or crime.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Application of replies to requests for financial transaction information;

1. Relevant Article 49(4)2 and Article 6(3)3 of the Electronic Financial Transactions Act concerning criminal facts, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., Article 62 (1) of the Criminal Act on the grounds that the defendant acknowledges the crime of this case, and there is no criminal record that the defendant has