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(영문) 대구지방법원 2018.11.01 2018고단4087

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 in using or managing the access medium.

Nevertheless, on May 4, 2018, the Defendant sent a Kakao Stockholm card to the Defendant via the Kakao Stockholm on the following occasions: (a) on May 4, 2018, when the Defendant sent the Kakao Card because of lack of credit points, he/she would have raised the credit points by repeatedly raising the transaction performance and return the Kaka Card.

The proposal was received and consented to the purport that it was ", and around that time, sent one copy of the physical card connected to the Agricultural Cooperative Account (Account Number: B) in the name of the defendant to the non-persons in the old-U.S. comprehensive bus terminal located in the Gu-U.S., U.S., Seoul-si, 72 Dong-dong-dong, as bus freight.

Accordingly, the Defendant lent access media used for electronic financial transactions while knowing 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. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of statutes on transaction details of ACF Accounts;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 3 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act: The act of lending an access medium is highly likely to be used for a crime such as singing, etc., and thus, the relevant social malicious is considerably significant; circumstances favorable to the fact that the access medium leased by the Defendant was actually used for the crime: The Defendant’s age, sex, behavior, environment, family relationship, motive and consequence of the crime, etc. shall be determined as per the disposition, taking into account the various circumstances shown in the arguments in the instant case, such as the following circumstances.