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(영문) 대구지방법원 2019.01.10 2018고단4149
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 6, 2018, the Defendant: (a) received a proposal from a person who was unaware of his name to “be paid KRW 800,000 per day if he borrowed the eck card due to tax reduction or exemption of liquor company; and (b) accepted it; and (c) delivered the eck card connected to the d bank account (E) in the name of the Defendant at the c business office located in the Seogu-gu, Daegu City.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Details of financial transactions;

1. Application of a warrant for search, seizure, and verification (2018-7659) and reply statutes;

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. The reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution lies in lending the means of access in return for consideration by the defendant. The means of access leased is not less complicated than the liability as it is used for fraud.

However, the fact that the defendant recognized the crime of this case and there is no record of punishment heavier than the fine so far, and the defendant's age, character and behavior, environment, conditions before and after the crime of this case shall be determined as the same as the disposition in consideration of the age, character and behavior, environment, etc.

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