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(영문) 대구지방법원 2019.10.23 2019고단2956

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In using and managing the means of access, no person shall lend or lend the means of access or keep, 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, at around 11:00 on March 25, 2019, the Defendant received the proposal that “I will have only one goods in the low savings bank, which he would be able to make a loan by adding money to the account. I will see the credit rating after the transfer of the C Card. I will have gone up to the end, and I will be able to get a loan by adding the credit rating.” In response, at around 17:00 on the same day, I am a copy of the C Card connected to the CF’s account in the name of the Defendant at the Youngcheon-si Broom-si, Youngcheon-si (Account Number D).

Accordingly, the Defendant knowingly lent the means of access to the crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Data on the details of remittance transfer;

1. A detailed statement of deposit transactions in the F Bank;

1. Application of the G dialogue content Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 2 and 6 (3) 3 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Comprehensively taking account of all the circumstances, such as the confession of the defendant for sentencing under Article 62(1) of the Criminal Act and the fact that there is no record of criminal punishment, the importance of legal interests infringed upon by the crime of this case, and the current working as a restaurant employee, and the fact that the economic form is not good, a sentence as ordered against the defendant shall be imposed.