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(영문) 대구지방법원 2019.02.21 2018고단5262
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 borrow or lend a means of access, or keep, deliver or distribute a means of access in receiving, demanding or promising compensation.

Nevertheless, on July 18, 2018, the Defendant borrowed the means of access of financial institutions by sending physical cards connected to the Defendant’s name C(D) from the office located in Daegu-gu, Daegu-gu around July 18, 2018 to the name partner, with the proposal that “I wish to use and use 1.5 million won in return for the lending of the accounts to be used.”

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes such as account details;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant lent the means of access, and the means of access leased is used to commit fraud.

However, the fact that the defendant recognized the crime of this case and there is no record of punishment after around 2002, etc. The defendant's age, character and behavior, environment, home conditions, circumstances before and after the crime of this case shall be determined as the same as the order.

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