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(영문) 대구지방법원 서부지원 2019.08.30 2019고단603
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

On January 16, 2019, the Defendant: (a) received a proposal from a person without a personal name, stating that “In order to obtain material value in the company, an account is required; (b) 1.5 million won is given for lending the account; and (c) returned the card; and (c) delivered a physical card connected to B bank accounts in the name of the Defendant using a post office (C) box, and sent it to the said person without a personal name.

Accordingly, the defendant borrowed the means of access by receiving a promise to receive compensation.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Details of remittance of accounts, the contents of F dialogue, and the application of statutes on reply to execution of a warrant of search, seizure and verification;

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. On the grounds of sentencing under Article 62(1) of the Criminal Act, the act of lending the means of access used in electronic financial transactions, such as the instant crime, requires strict punishment as an act to assist other crimes, such as singishing crimes, and the account of the Defendant lent by the Defendant was actually used for singishing crimes, and the Defendant committed the instant crime again despite the fact that the Defendant had been suspended of indictment due to the same act in 2014, considering the circumstances unfavorable to the Defendant, such as the fact that the Defendant recognized and divided the facts of the crime, the first offender with no history of criminal punishment, and the fact that the Defendant was aware of deposit of money from the victim of singishing to the Defendant’s account and immediately reported it to the bank, and taken measures to prevent withdrawal of the said money from withdrawing the said money, etc., as set forth in the Disposition in consideration of the favorable circumstances to the Defendant.

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