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(영문) 대구지방법원 2019.09.19 2019고단3227
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

No person shall, with respect to the use and management of a means of access, borrow or lend a means of access or store, deliver or distribute a means of access with the knowledge that such means are to be used for a crime or to be used for a crime.

Nevertheless, on May 8, 2019, the Defendant received a proposal from a name-free person who misrepresented himself/herself to the effect that “if he/she sends a check, he/she would have a credit point raised by repeatedly making a transaction performance by sending a check, and then return the check.” On or around the 9th day of the same month, the Defendant sent a copy of the check card connected to the name-free person B account in the name of the Defendant using Kwikset-dong Park in the Daegu-gu Seodong-gu, Daegu-gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of statutes on financial transaction information (E);

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 is that the Defendant lent the means of access, and the liability for the offense is not somewhat weak, such as the leased means of access is used for fraud.

However, the fact that the defendant recognizes the crime and reflects the fact that there is no record of punishment heavier than once a fine so far, etc. The sentencing conditions specified in the records of this case, such as the defendant's age, character and conduct, family relation, motive and means of the crime, and circumstances after the crime, shall be determined as ordered by taking into account the following factors.

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