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(영문) 대구지방법원 서부지원 2020.05.20 2019고단3006
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 one shall lend any means of access to electronic financial transactions while promising such consideration.

Nevertheless, at around 12:07 on July 31, 2019, the Defendant listened to the statement that “the Defendant would make 10 percent of the charge amount if he/she lends a physical card to a sports betting company,” from a person whose name cannot be known, with his/her consent, to the effect that he/she would make 10 percent of the charge amount.” On August 1, 2019, at around 19:00, he/she reported the password of the above physical card to a person whose name is not known, who was connected to the Defendant’s account under the name of the Defendant (D) before Daegu-gun-gun C, and notified him/her of the password by telephone.

As a result, the Defendant promised to pay for, lent the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of the statutes on the certificate of confirmation or the warrant of seizure;

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

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the act of lending the means of access used in electronic financial transactions, such as the instant crime, as the crime of this case, requires a strict punishment as an act to assist another crime, such as singishing fraud, and considering the circumstances unfavorable to the Defendant, such as the fact that the cream card and the account of the Defendant lent by the Defendant was actually used for singishing fraud, the fact that the Defendant recognized the facts of the crime and is divided, the fact that the Defendant did not have any record of punishment for the same crime, and that there was no record of punishment exceeding the fine, etc., the punishment as the order shall

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