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(영문) 대구지방법원 2018.12.20 2018고단4270
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, or store, deliver or distribute, any access medium with the knowledge that it is intended to be used for a crime or intended to be used for a crime.

Nevertheless, on May 9, 2018, the Defendant, who misrepresented the KB financial B agent, required a few million won transaction details in order to obtain a loan from a person in unsound name, and there is no such details, so it is possible to grant a loan if the company's work team prepares transaction details in the name of the customer.

Two physical cards and passwords of bank accounts shall be granted.

“On June 19, 2018, through Kwikset Services, the Defendant’s office, located in Daegu Suwon-gu, sent name in front of the Defendant’s office, and sent each physical card and the password of the accounts indicated in the paper, connected to the Defendant’s name No. 3 (D) and the Gwangju Bank’s account (E).

Accordingly, the defendant, even though being aware that he will be used in the crime, lent two accessible media to his name-free persons.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A written statement;

1. Application of Acts and subordinate statutes regarding transaction details;

1. Article 49 (4) 2 and Article 6 (3) 3 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The reason for the sentencing of Article 62(1) of the Criminal Code Article 62(1) of the suspended sentence is that the defendant lent the access medium, and the access medium is used for fraud, and the liability for the crime is not less complicated.

However, the defendant's age, sex, environment, and circumstances leading to the crime of this case shall be determined by taking into consideration the fact that the defendant recognized the crime of this case and has no record of punishment so far.

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