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(영문) 대구지방법원 2019.07.09 2019고단1788

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

No person shall, in using and managing the means of access, borrow or lend the means of access or store, deliver or distribute the means of access with the knowledge that they are to be used for a crime or to be used for a crime.

Nevertheless, on January 13, 2019, the Defendant heard the horses that “it is necessary to create evidentiary materials by making entry and withdrawal transactions with our company in preparation for a situation, such as embezzlement, and to pay daily allowances thereafter, so the physical cards and passwords need to be dried,” from a name-free person in the name of the Defendant. On January 13, 2019, the Defendant heard the horses that “The head of the Tong who cannot know the name in front of the Daegu Suwon-gu C Bank in the name of the Defendant, the head of the Tong-gu, Daegu-gu, B, and the head of the Tong who is linked to the C Bank account (Account Number D) in the name of the Defendant, and informed him of the password by telephone.

Accordingly, the Defendant knowingly lent the means of access to the account to a person with no name even though he could be used in the crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of a statement of damage (E) and statement of transactions;

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

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution - The card that the defendant lent to the defendant was damaged by the phishing crime - The fact that the card was used for the phishing crime - the fact that there was no same record, the victim E who reported the crime is repaid and the victim E does not want punishment by agreement;