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(영문) 대구지방법원 서부지원 2019.10.29 2019고단1177
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 one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising to receive any consideration, or using or manage any electronic card or other means of access which is used to instruct any transaction in electronic financial transactions or to secure the authenticity of the user and the details of such transaction.

Nevertheless, on January 1, 2019, the Defendant accepted a proposal from an unsatisfman's name, stating that "I will lend a bank account with 800,000 won per day of lending KRW 300,000 per day, and will give KRW 2.4 million for 3 days," and then sent a copy of the physical card card to a new bank account (D) account in the name of the Defendant at the Daegu Seo-gu Office of Business around 13:10 of the same month, from the 17th day of the same month, to the catl credit card (E) account in the name of the Defendant.

As a result, the Defendant promised to receive compensation and lent two physical cards, a means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the statement made to H by the police;

1. A report on investigation (the sequence 4, 5, 14 of the evidence list);

1. Application of Acts and subordinate statutes concerning details of transactions, closure output of the smart banking screen, application for bank transactions, details of accounts, and application of the I details;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The act of lending the means of access for electronic financial transactions on the grounds of sentencing under Article 62(1) of the Criminal Act can be used as a means of crime undermining the security and reliability of electronic financial transactions and other crimes. Therefore, the crime is not good, and the means of access leased by the defendant was actually used for the crime of fraud.

However, the defendant makes a confession of the crime of this case.

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