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(영문) 대구지방법원 2019.07.25 2019고단2556
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall, in using and managing a means of access, lend the means of access while demanding, demanding or promising compensation, unless otherwise specifically provided for in other Acts.

Nevertheless, around January 18, 2019, the Defendant received a proposal from a person who was in non-name to the effect that he would lend a crow card to the company of alcoholic beverages, and consented to it. Around that time, the Defendant sent a crow card connected to the c bank account (D) in the name of the Defendant, using Kwikset in front of the Defendant’s residence located in Daegu-gu Dong-gu, Daegu-gu, and then sent it to the person who was not in name.

As a result, the Defendant promised to pay for, lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Detailed statement of transfer of the damage amount;

1. Application of Acts and subordinate statutes to output of the F dialogue;

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

1. The sentence identical to the order shall be determined by comprehensively taking into account the circumstances such as the fact that the defendant for the reason of sentencing under Article 62(1) of the Criminal Act recognizes the crime and reflects the fact that the defendant has no record of criminal punishment for the same kind of crime, and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, character and conduct, family relationship

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