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(영문) 대구지방법원 2020.05.06 2019고단6274
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

No person shall, with respect to the use and management of a means of access, borrow or lend a means of access or store, deliver or distribute a means of access with the knowledge that such means are to be used for a crime or to be used for a crime.

Nevertheless, on September 15, 2019, the Defendant received a proposal from a name-free person who misrepresented the borrower to the effect that “if sending a e-mail card, the Defendant would make a false entry and withdrawal statement, and then would have him get a loan.” Around that time, the Defendant sent a copy of the e-mail card connected to the B (C) bank account in the name of the Defendant in the name of the Defendant at the Dong-gu Daegu High Bus Terminal located in Daegu-dong-dong, Daegu-dong, Daegu-dong, Daegu-dong.

Accordingly, the Defendant knowingly lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes, such as a statement of financial transaction information, a Kakaokao x photograph;

1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 2 and 6 (3) 3 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. In full view of the following circumstances: (a) the reason for sentencing under Article 62(1) of the Criminal Act, including the confession of a criminal defendant; (b) the absence of the same criminal records; (c) the importance of legal interests infringed upon by the criminal act of this case; and (d) the age, circumstances leading to the criminal act; and (e) the circumstances after the criminal act

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