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(영문) 대구지방법원 서부지원 2019.05.30 2018고단2691

전자금융거래법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

No person shall transfer or take over a means of access, or lend or take over a means of access in return for compensation.

On November 27, 2017, the Defendant promised to receive rent of KRW 200,000,000 from the street in front of the Sung-gun's Sung-gun's Sung-gun's Sung-gun's Sung-gun's Sung-gun's Sung-gun's Sung-gun's Sung-gun's Sung-gun's Sung-gun's 3200, and lent one check card connected to the post office account (Account Number B) under the name of the Defendant to the person who

Accordingly, the defendant agreed to receive compensation and lent the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of statutes on the provision of financial transaction information;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

1. Penalty fine of KRW 3,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act for the inducement of a workhouse;

1. Article 59(1) of the Criminal Code of the Suspension of Sentence (the defendant is the first offender, the investigative agency recognizes the crime of this case from the investigative agency to not repeat again, and it seems that there is no benefit to the defendant from the crime of this case. Although the means of access leased by the defendant was used for telephone financial fraud, the defendant tried to take measures to prevent the use of the check card lent to him from continuously using it for the crime, such as transferring money to another account and asking the relevant financial institution about the procedure for returning the above money by telephone to the financial institution, and considering the fact that the return of the above money seems to have been made by the return of the money, the defendant's age, etc.