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(영문) 대구지방법원 2019.07.16 2019고단2708
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, with respect to the use and management of a means of access, borrow or lend a means of access or store, deliver or distribute a means of access with the knowledge that such means are to be used for a crime or to be used for a crime.

Nevertheless, around March 20, 2019, the Defendant received a proposal from a name-free person who misrepresented the borrower to the effect that he would allow the borrower to obtain a loan by raising credit points by repeatedly making the transaction performance, and then return the check. On March 20, 2019, the Defendant sent a copy of the check card connected to the D Association (Account Number: E) account in the name of the Defendant using the freight service in Daegu Suwon-gu B building and the cargo service in the front of the same month.

Accordingly, the Defendant knowingly lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police protocol of statement to F;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act - The means of access lent by the defendant was used for the singing crime, causing damage.

- There is no record of punishment other than once of the time when the defendant was guilty and reflected, and of fine.

In addition to the above circumstances, the defendant's age, character and conduct, occupation, family relationship, environment, motive, means and result of the crime of this case, circumstances after the crime of this case, etc., and various sentencing conditions shown in the arguments of this case shall be determined as ordered.

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