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(영문) 대구지방법원 2019.02.01 2018고단5506

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six 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.

On February 2, 2018, the Defendant searched a “loan Broker” through the Internet and sent it to the name in secret, “When the account has been sent, the passbook and password of the account shall be recorded on the back side, and the results of the transaction shall be made by falsely entering and withdrawing the account, and the results of the transaction shall be used shall be used.” On or around February 2018, the Defendant received a proposal and sent it to the Kwikset-gu B apartment, Daegu-gu, and then sent the name in secret to the Dbank (E) account in the name of the limited liability company C, a corporation established by the Defendant through an article of Kwikset-gu, stating the password of the passbook and the account, and sent it to the name in secret, and on April 4, 2018, the Defendant sent it to the Kwik-gu, stating the password of the passbook and the password of the account in the name of the limited liability company C (G) account opened by the Defendant at the same place as above.

Accordingly, the Defendant, even though being aware of being used in the crime, lent two means of access to one account to a person who is unaware of his name.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Details of deposits without passbooks, information on account holders under each subparagraph C, details of accounts, and application of Acts and subordinate statutes on account details;

1. Relevant Article 49 (4) 2 and Article 6 (3) 3 of the Electronic Financial Transactions Act and the choice of a sentence concerning criminal facts, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The instant crime on the grounds of sentencing under Article 62(1) of the Criminal Act can be abused as a means of another crime, not only impairing the safety and trust of financial transactions, but also impairing the leased cards, etc.