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(영문) 대구지방법원 서부지원 2018.10.30 2018고단1744
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment 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 lend any access medium with the knowledge that such medium will be used for a crime.

Nevertheless, on April 11, 2018, the Defendant knew that it would be used for a crime, such as a private sports soil, etc., and knew that it would have been used, the Defendant sent a copy of the physical card connected to the credit cooperative account (E) opened by the Defendant in front of the Daegu-gu Nowon-gu Office C, to a person who was not injured, and informed him of the password of the said physical card by telephone.

Accordingly, the defendant, knowing that he will be used for crime, lent a medium of access to electronic financial transactions.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. A protocol concerning the suspect examination of the accused by the prosecution;

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

1. Application of the Acts and subordinate statutes to reply to financial transaction information, an application for union transactions, and details of transactions of deposits;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act, the selection of imprisonment with prison labor;

1. Article 62(1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1448, Apr. 2, 2006)

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