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(영문) 대구지방법원 안동지원 2019.03.08 2018고단687
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

In using and managing the means of access, no one may borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in other Acts.

Nevertheless, on July 17, 2018, the Defendant received a proposal and promised to receive KRW 2,40,000,000 per 2,000 won per 30,000,000 won per 2,40,000 won per day from a person who has not been named in the name of the Defendant, and then lent the means of access by delivering a physical card connected to the name of the Defendant’s bank account (number: E) on the part of the B located in Andong-dong-si, to receive KRW 2,40,00 per 30,00.

As a result, the defendant promised to receive the price, and lent the means of access necessary for electronic financial transactions to the name partner.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the Act and subordinate statutes to an investigation report (in relation to submission of a warrant of search and inspection - Account titleholder A specification, etc.), investigation report (in relation to the submission of conversation between a suspect A and G ASEAN (H)

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. The transfer and lending of 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 other crimes, and in this case, the means of access leased by the Defendant was used as a singishing crime, thereby causing damage.

The defendant has a number of records of punishment, including punishment.

However, the defendant shows his attitude to recognize and reflect his mistake.

The defendant seems to have no profit from the crime of this case.

There is no criminal record for the defendant.

In addition, the defendant's age, character and behavior, environment, motive, background, means and result of the crime, the number of means of access leased, and after the crime is committed.

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