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(영문) 대구지방법원 2019.02.21 2018고단5310
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four 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

Except as otherwise expressly provided for in any other Act, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, demand or promise to acquire or receive any means of access.

Nevertheless, at the end of November 2017, the Defendant received a text message stating that “I will give 80,000 won per head when I lend a physical card to a alcoholic beverage company.” On December 2, 2017, the Defendant sent a physical card card connected to the B Bank account (Account Number C) opened in the name of the Defendant at the home dispatch agency located in Youngcheon-si, Youngcheon-si, Youngcheon-si. On December 2, 2017, the Defendant sent it to the above non-indicted.

Accordingly, the Defendant promised to pay compensation and lent the means of access.

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 Acts and subordinate statutes on deposit receipts;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution is that the defendant provided a means of access in return for compensation, and the liability for the crime is not minor in terms of the fact that the means of access lent is used for fraud.

However, the defendant's age, character and conduct, environment, and circumstances leading to the crime of this case shall be determined as the same as the disposition in consideration of the fact that the defendant recognized the crime of this case, the first offender, etc.

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