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(영문) 대구지방법원 서부지원 2019.10.16 2019고단1877
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

Nevertheless, around June 2019, the Defendant heard the phrase “15,000,000 won will be lent. If sending the e-mail card being used, to withdraw monthly interest on the e-mail card,” and around June 7, 2019, the Defendant sent Kwikset service article to the e-mailer who sent the e-mailer’s name to the e-mail account in the name of the Defendant, and then sent the e-mail number to the e-mailer in the name of the Defendant.

As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of the new Acts and subordinate statutes 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. An unfavorable circumstance for sentencing under Article 62(1) of the Criminal Act: A favorable circumstance in which the instant crime could be abused as a means of other crimes as well as impairing the safety and trust of financial transactions; the fact that the leased card, etc. was used for the instant crime: (a) the Defendant led to the instant crime; (b) the Defendant appears to have led to a confession and repent; (c) the entire amount of damage to the relevant account remains; (d) the Defendant did not have any profit gained from the instant crime; and (c) there was no other record of punishment for the same crime as the instant case or of punishment exceeding the suspension of the execution of imprisonment, such as the Defendant’s age, character and behavior, environment, motive and background of the instant crime, means and consequence; and (d) the circumstances after the instant crime.

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