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(영문) 대구지방법원 2018.10.24 2018고단3773
전자금융거래법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall borrow or lend, or store, deliver or distribute, any access medium with the knowledge that it is intended to be used for a crime or intended to be used for a crime.

Nevertheless, on May 2018, the Defendant would make a loan by repeatedly sending a Kakao Stockholm card to a Kakao Stockholm message from a deceased person on his name in the middle of May 2018.

Czek cards will be returned after two to three days.

On May 22, 2018, after receiving the proposal to the effect that "," the defendant sent a copy of the physical card to his name in front of the defendant's home located in Daegu Northern-gu 803 apartment complex, as Kwikkset Service, connected to the Saemaul Treasury Account (Account Number: D) in the name of the defendant.

Accordingly, the Defendant lent access media used for electronic financial transactions while knowing that it will be used for crimes such as fraud, violation of the Act on Real Name Financial Transactions and Confidentiality.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the response statutes in accordance with a written petition, a written confirmation of the results of electronic financial transfer, and a written request for financial transaction information;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution are as follows: (a) the access media that the Defendant lent to the Defendant was used in the singing crime; (b) the Defendant reflects the Defendant; (c) the Defendant was the initial offender; and (d) the Defendant’s age, sex, environment, motive and circumstances after the commission of the crime.

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