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(영문) 대구지방법원 2019.05.10 2019고단425
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 November 2, 2018, the Defendant received a proposal from a nameless person who misrepresented B staff member and consented to the purport that “if you send a physical card, you will repeatedly create a transaction statement with our money and get loans by getting the credit rating, and return the physical card.” On November 13:0, 2018, the Defendant sent a copy of the physical card connected to the account (Account Number:F) in the nameless person under the name of the Defendant’s name using Kwikset’s service and sent a copy of the physical card connected to the account (Account Number:F) in the name of the Defendant and the G Bank’s account (Account Number: H) in the name of the Defendant.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to I;

1. Application of Acts and subordinate statutes on investigation reporting;

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

1. Article 40 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the suspended sentence shall be determined by taking into account the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and various conditions of sentencing as shown in the argument of this case.

In light of the fact that the act of transferring or lending the means of access under the Electronic Financial Transactions Act is not only detrimental to the security and reliability of electronic financial transactions, but also the means to facilitate other crimes, it is not likely to be a crime

The means of access provided by the Defendant was actually used in the crime and a lot of damages have occurred.

e.beliable;

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