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(영문) 대구지방법원 2019.06.12 2019고단1269
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

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 2018, the Defendant received a proposal from a name-free person who misrepresented the employees of the lending company to the effect that “the Defendant would get a loan by raising credit points by repeatedly creating transaction records when sending the check card, and then return the check.” At that time, the Defendant sent the means of access connected to the five accounts total of four times from that time until June of the same year, including one cash card connected to the above lending company’s account under the name-based limited liability company C Bank and E Bank account in the name-related Seoul Mapo-gu Seoul Metropolitan Government.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each petition and statement in F, G, H, I, J, and B (including each accompanying “transfer certificate, etc.”);

1. Report of internal investigation by the police;

1. Application of Acts and subordinate statutes on account passbook copies;

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

1. Articles 40 and 50 of the Criminal Act: Between the crimes set forth in attached Table 1 of the List of Crimes;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. The defendant under Articles 32(1)3 and 32(2) and 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation, only lent the means of access by being harsh to a person who has suffered no name.

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