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(영문) 대구지방법원 서부지원 2020.04.20 2019고단3163
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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 to electronic financial transactions, no one shall borrow or lend the means of access, or keep, deliver or distribute the means of access while receiving, demanding or promising any compensation therefor, and shall not lend or lend the means of access or keep, deliver or distribute the means of access knowing that they are to be used for any crime or for any crime.

Nevertheless, on June 26, 2019, the Defendant received a proposal to the effect that “B association C head of the B association is able to issue a Maspbook up to 10 million won by telephone from the person who was unaware of his name, but if you send the Maspbook because there is no transaction record in the Maspbook account, we will find our country and create a transaction performance.” On July 26, 2019, the Defendant sent the Masp cards connected to the F bank account in the name of the Defendant to the Maspian officer who sent his name in front of the Masp in Daegu-gu, Seo-gu, Daegu, and notified him of the password by telephone.

Accordingly, the defendant agreed to receive compensation and lent the means of access to the crime with the knowledge that it will be used.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of the police statement law to H

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

1. The suspended execution recognizes and reflects the error of Article 62(1) of the Criminal Act, and considering the fact that there is no profit from the crime of this case

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