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(영문) 대구지방법원 2019.02.21 2018고단5138

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

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 25, 2018, the Defendant received a proposal from a person who misrepresented “B bank employee” to the effect that “B bank employee” to the effect that “the Defendant will increase the credit rating by repeatedly making the transaction performance when sending the e-mail card, and then return the e-mail card.” On July 26, 2018, the Defendant sent a copy of the e-mail card connected to the F bank account in the name of the Defendant (Account Number: G) and one copy of the e-mail card connected to the H bank account in the name of the Defendant (Account Number (Account Number: I).

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

Summary of Evidence

1. Defendant's legal statement;

1. The written statement of the defendant;

1. Statement to J police officers;

1. Details of transfer;

1. Application of C’s message photographs 28 Acts and subordinate statutes

1. Article 49 (4) 2 and Article 6 (3) 3 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant lent the means of access, and the responsibility for the offense is not easy in that the means of access lent is used for fraud.

However, since the defendant recognized the crime of this case and there is no record of punishment heavier than the fine so far, the age, character and behavior, environment, and circumstances leading to the crime of this case shall be determined by taking into consideration the following factors: the defendant's age, character and behavior, environment, and circumstances.