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(영문) 대구지방법원 서부지원 2019.08.14 2019고단1229
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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

In using and managing a means of access, no one shall borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on March 25, 2019, the Defendant listened to the statement that “I will lend KRW 24 million to a person who has no name, and will withdraw the principal and interest of each month with the e-mail card if I send the e-mail card being used,” and then sent one e-mail card connected to the e-mail account (E) under the name of the Defendant to a person who has no name, in Daegu-gu, Seo-gu, to a person who has no name, and notified him of the password and the password.

As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes on financial transactions in the principal, replys to requests for the provision of financial transaction information, copies of bankbooks, C cargo receipts, and letters;

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The crime of this case is committed not only impairing the safety and trust of financial transactions, but also because it can be abused as a means of other crimes; circumstances favorable to the fact that lent cards, etc. have been used for actual fraud: confessions and reflects by the defendant; there is no benefit gained by the defendant from the crime of this case; and there is only the history of having been punished once by a fine of different kind on 199; and other circumstances, including the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and consequence of the crime, etc., and the circumstances after the crime, etc., all the circumstances constituting the conditions for sentencing as shown in the arguments of this case, including the following circumstances, shall be determined as the sentence

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