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(영문) 대구지방법원 서부지원 2020.06.17 2019고단3641
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 lend any means of access to electronic financial transactions while promising such consideration.

Nevertheless, on August 19, 2019, the Defendant received a proposal from a person whose name is unknown to the effect that he/she will confirm whether he/she is a transactionable account and will make a loan, and then accepted the proposal. On the same day, at the “Ccafeteria” located in Daegu-gun-gun, Daegu-gun, he/she provided a copy of the Cock Card connected to the D Bank Account in the name of the Defendant (E) to a person whose name is unknown.

As a result, the Defendant promised to return a means of access to a person who is not aware of his/her name in return for an intangible expected interest of future loans.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of transfer certificates, Kakakao dialogues, and the statutes governing the submission of data on financial transaction information;

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

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the act of lending the means of access used in electronic financial transactions, such as the instant crime, as the instant crime, requires strict punishment as an act to assist another crime, such as singing fraud, and the account of the Defendant lent by the Defendant was actually used for the crime of singishing fraud. Ultimately, even though the Defendant was subject to a non-prosecution disposition as to non-prosecution disposition as to the charges of singishing fraud, the fact that the Defendant was investigated in 201 and sent cash cards, etc. by hearing the words of lending from the person who was unaware of his name but was investigated in 201, the fact that the Defendant again committed the instant crime is considered disadvantageous to the Defendant. In light of the circumstances favorable to the Defendant, the Defendant recognized the facts of the crime, the first offender, and the fact that the amount of six million won deposited in the Defendant’s account is deemed to have been returned to the victim of singishing.

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