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(영문) 대구지방법원 2019.05.09 2019고단728

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 November 20, 2018, the Defendant received a proposal from a name-free person who misrepresented the employees of the savings bank to the effect that “on the face of the check, if you send the check, you will get a loan by raising the credit point by making the transaction performance repeatedly, and return the check,” and then, around November 27, 2018, the Defendant sent a copy of the check card connected to the name-free person under the name of the Defendant’s name-related bank account (Account Number: E) by using the home delivery from the bank account in the name of the Defendant.

Accordingly, the Defendant knowingly lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. F’s petition, statement of the police against F;

1. Application of detailed statement of financial transactions and statutes;

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 - The reason for sentencing under Article 62(1) of the suspended sentence - The fact that the account issued by the defendant was used for the singinging crime and causing damage to the defendant - The fact that the defendant recognized and reflects the crime, and that there is no record of punishment, the above circumstances are determined as ordered by taking into account the following circumstances: the defendant’s age, character and conduct, occupation, family relationship, environment, motive, means and consequence of the crime in this case