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(영문) 대구지방법원 2018.12.20 2018고단4606
전자금융거래법위반
Text

A defendant shall be punished by imprisonment 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 any access medium while demanding, demanding or promising the consideration in using or managing the access medium.

Nevertheless, on July 12, 2018, the Defendant sent a Kakao Stockholm card through the Kakao Stockholm message to enable the Defendant to obtain a maximum of KRW 10 million passbook from the side of the financial right by doing work for one week.

“C” at the convenience point in Daegu-gu, Daegu-gu, sent the proposal to the address (Seoul Seongbuk-gu, E, 3 floors) in which the person who was not entitled to receive the report, and then sent the password of the above physical card to the address (Seoul Seongbuk-gu, E, 3 floors) connected to the KEB account (Account Number: D) in the name of the defendant, and notified the person who was not entitled to receive the report.

As a result, the defendant promised to receive intangible expectation interest that can be established in the future, and lent a medium of access to the name in the name of the accused.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement prepared by the F;

1. Verification of transfer results, reply to requests for provision of financial transaction information, and application of the Kakao Stockholm Acts and subordinate statutes;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act, the selection of imprisonment with prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter the following sentencing grounds) is that the instant crime is likely to be abused as a means of another crime as well as impairing the safety and trust of financial transactions. Therefore, strict punishment is required.

In addition, the fact that the access media that the defendant lent was actually used for the fraud crime is disadvantageous to the defendant.

On the other hand, the defendant's mistake is against the defendant, and it seems that he did not gain any specific benefit from the crime of this case, and the leased cream card is one, and the defendant is only one.

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