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(영문) 대구지방법원 2020.05.14 2020고단199
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

No person shall, in using and managing the means of access, borrow or lend the means of access or store, deliver or distribute the means of access with the knowledge that they are to be used for a crime or to be used for a crime.

Nevertheless, the Defendant, on September 2019, received a proposal from a name-free person who misrepresented to the staff of a lending company, to the effect that “if sending a physical card, the Defendant would make a false entry into and departure from the credit rating, and then would have a loan get.” On the 25th day of the same month, the Defendant sent one check card connected to the name-free person’s account in the name of the Defendant using Kwikset Service in Daegu-gu B building.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on a petition (E), a police statement, a certificate of deposit, and a financial data reply;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act - The means of access lent by the defendant was used for the phishing crime, causing damage.

- Recognizing and opposing the commission of the offence;

There is no profit from crime, and there is no record of punishment except once a fine, and there is no record of the same kind.

In addition to the above circumstances, the defendant's age, character and conduct, occupation, family relationship, environment, motive, means and result of the crime of this case, circumstances after the crime of this case, etc., and various sentencing conditions shown in the arguments of this case shall be determined as ordered.

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