beta
(영문) 대구지방법원 2019.01.17 2018고단4803

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 shall, with respect to the use and management of a means of access, borrow or lend a means of access or store, deliver or distribute a means of access with the knowledge that such means are to be used for a crime or to be used for a crime.

Nevertheless, around July 10, 2018, the Defendant received a proposal from a name-free person who misrepresented B staff member, stating that “When sending the check card, the Defendant would have a higher credit point by repeatedly creating transaction performance, and then return the check card.” On July 13, 2018, the Defendant sent a copy of the check card linked to the Defendant’s name bank account (Account Number:F) around 13, 2018, to Kwikset Service.

Accordingly, the defendant, knowing that he would be used in the crime, lent the means of access to his nameless persons.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning G;

1. A H statement;

1. Application of Acts and subordinate statutes to a written confirmation of electronic financial transfer;

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. The reason for sentencing under Article 62(1) of the Criminal Act on probation is that the Defendant lent the means of access, and the means of access leased is used for fraud, etc.

However, the defendant's name and behavior, character and environment, conditions before and after the crime of this case, etc. are considered, and the defendant's age, character and behavior, environment, etc. shall be determined as per the order.