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(영문) 대구지방법원 2019.02.28 2018고단5597
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 person shall, in using and managing a means of access, such as an electronic card used in electronic financial transactions and other similar electronic information, certificate, password, etc., borrow or lend a means of access while demanding or promising to receive compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, around October 5, 2018, the Defendant received a proposal from a person without his name to the effect that “the Defendant borrowed a physical card to be used for tax reduction and exemption, 2.4 million won,” and accepted it. On October 8, 2018, the Defendant sent one physical card connected to the Defendant’s account under the name of the Defendant’s E (Account Number:F) from a D branch in the vicinity of the Gandong-gun C.

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. Protocol of the police statement concerning G;

1. A list of transactions;

1. Application of Acts and subordinate statutes concerning conversation A;

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, and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, character and conduct, family relationship and circumstances before

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