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(영문) 대구지방법원 2018.10.31 2018고단3862

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 two years 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 May 31, 2018, the Defendant: (a) received a proposal from a person without his name in the name of a new bank capital who is an employee of a new bank capital; (b) received a loan by repeatedly making a transaction performance by using the card; and (c) received it; and (d) received a false transaction performance and received a loan by deceiving a lending company by raising credit rating; (b) received a loan by raising a false credit rating; and (c) received a loan by using a physical card connected to the bank account (B) in the name of the Defendant’s name in the name.

As a result, the Defendant lent access media with the knowledge that it will be used for a crime or used for a crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Notification of data on current status of financial transactions, provision of financial transaction information, and application of replies statutes;

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. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (the fact that the defendant has no history of criminal punishment and reflects his/her mistake, etc.).