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(영문) 대구지방법원 2019.06.13 2019고단1632
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

In using and managing a means of access, no one shall borrow or lend a means of access or keep, deliver or distribute a means of access while demanding, demanding or promising compensation, unless otherwise expressly provided for in other Acts.

Nevertheless, on December 18, 2018, the Defendant borrowed a card from a person who was not the person who was named in the name of the Defendant, to the effect that “The Defendant would make a loan of KRW 2.1 million per credit card for three days.” On the same day, at around 20:00 on the street in the name of the Defendant in C in the Daegu Dong-gu, Daegu-gu, Daegu-gu, the Defendant provided two copies of the physical card, each connected to the D Bank Account (Account Number: E) and the F Account (Account Number: G) in the name of the Defendant.

Accordingly, the Defendant promised to receive compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. Financial transactions with the principal;

1. Application of the details of I dialogue and the laws and regulations governing door-to-door gambling photographs;

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 of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The sentence identical to the order shall be determined by comprehensively taking into account the circumstances such as the fact that the defendant for the reason of sentencing under Article 62(1) of the Criminal Act recognizes the crime and reflects the fact that the defendant has no record of criminal punishment, and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, character and conduct, family relationship and circumstances before

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