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(영문) 대구지방법원 2019.05.09 2019고단1271
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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

No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access while receiving, demanding or promising compensation.

Nevertheless, on November 2018, the Defendant received a proposal from a person who was named as a policeman on the first time, stating that “The money in a foreign virtual currency account should be received as a domestic account, and there is a need to account as a tax issue. When lending the check, three million won will be paid if the check is lent.” On November 22, 2018, the Defendant sent one check card connected to the Defendant’s corporate bank account (D) from the convenience store located in Busan City-si around November 22, 2018 and lent the means of access to financial institutions by notifying the Defendant of the account number and password to E and promising compensation.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes on deposit receipts;

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

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentencing conditions indicated in the records of the instant case, including the following circumstances and the Defendant’s age, character and conduct, family relationship, family relationship, home environment, motive and means of the commission of the crime, and the circumstances after the commission of the crime, shall be determined as per the disposition

The circumstances favorable: The defendant's means of access has been actually used for scaming crimes, and there is a misunderstanding of facts. Circumstances unfavorable to the victim of the means of access of this case does not cause any injury (payment suspension).

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