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(영문) 대구지방법원 2019.05.15 2019고단628
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

In using and managing the means of access used in electronic financial transactions, no one may borrow or lend the means of access while receiving, demanding or promising the payment, unless otherwise specifically provided for in any other Act.

Nevertheless, on October 15, 2018, the Defendant received a proposal from the person who was not the person who was the person who was not the person who was the person who was the person in charge of the name, that he would pay KRW 80,000 to the person who was the person who was not the person in charge of the name, and consented to the proposal. At that time, the Defendant sent one check card connected to the account in the name of the Defendant in the vicinity of Pyeongtaek-si Station located in Pyeongtaek-si.

As a result, the Defendant promised to pay for, lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A written confirmation of the results of electronic financial transfer, and financial account information under Defendant’s name;

1. Application of Acts and subordinate statutes, such as the details ofF messages;

1. Relevant Article 49 (4) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense and Articles 6 (3) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions;

1. According to Article 62(1) of the Criminal Act of the suspended sentence, the defendant's physical card was used for the crime of scaming and causing damage to a large number of victims by deceit at a short time, taking into account the fact that the damage has not yet been recovered, the decision of imprisonment is made in consideration of the fact that the damage has not yet been recovered, but the defendant is serious as a matter of treatment of the

성명불상자의 꾐에 빠져 체크카드를 넘겨준 것으로 밝혀져 참작할 사정이 있고, 이 사건 범행을 통해 실제로 얻은 이익은 없으며, 종전에 처벌받은 전력이 거의 없는 점, 피고인의 나이와 성행 등을 종합하여 형의 집행을 유예함.

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