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(영문) 대구지방법원 2018.11.22 2018고단3863

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall borrow or lend, or store, deliver or distribute, any access medium with the knowledge that it is intended to be used for a crime or intended to be used for a crime.

Nevertheless, on March 16, 2018, the Defendant would offer a loan by raising the credit rating by repeating the money for entering and withdrawing when sending a physical card from a person without his/her name.

After receiving the proposal to the effect that “,” it was accepted, and then sent one copy of the physical card connected to the accounts of the Saemaul Treasury (Account Number: D) in the name of the defendant to the name in the Daegu Suwon-gu B on the same day.

Accordingly, the defendant delivered access media to electronic financial transactions with knowledge that it will be used for crimes such as fraud, violation of the Act on Real Name Financial Transactions and Confidentiality.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Transfer receipt;

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

1. Article 49 (4) 2 and Article 6 (3) 3 of the Electronic Financial Transactions Act concerning the facts constituting a crime, the selection of punishment for an optional sentence, and the selection of imprisonment;

1. The access media that sent by the Defendant for the reason of sentencing under Article 62(1) of the Criminal Act is not exceptionally liable for the crime of fraud.

However, the fact that there has been no history of punishment heavier than a fine so far shall be determined by taking into consideration the age, sex, environment, and circumstances before and after the crime.