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(영문) 대구지방법원 2018.07.12 2018고단1830

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

Except as otherwise expressly provided for in other Acts, no person shall lend or lend any access medium, or store, deliver or distribute it with the knowledge that such medium is to be used for a crime or to be used for such crime.

피고인은 2017. 12. 중순경 대구에서 피고인 명의 농협 계좌 (C )에 연결된 체크카드를 퀵 서비스로 성명 불상자에게 건넸고 그즈음 위 계좌가 사기 범행에 사용되어 지급정지가 된 사실을 알면서 같은 달 29. 경 피고인의 오빠 D 명의 새마을 금고 계좌 (E )에 연결된 체크카드를 퀵 서비스로 위 성명 불상자에게 건네 범죄에 이용될 것을 알면서 접근 매체를 전달하였다.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes on receipt of deposits in accounts, information on accounts, and details of transactions;

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 reason for the sentencing of Article 62(1) of the Criminal Act was leased to a medium of access to the suspended sentence, and the leased medium is not against the law due to its use in fraud crime.

However, it is decided as per the Disposition in consideration of the fact that the defendant's mistake is recognized and against himself, that the defendant also led to the crime of this case, and that there is no record of punishment so far.