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(영문) 대구지방법원 서부지원 2019.07.17 2019고단766
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

[Criminal Power] On March 12, 2019, the Defendant was sentenced to imprisonment with prison labor for an injury, etc. at the Daegu District Court for ten months, and the said judgment became final and conclusive on the 20th of the same month.

【Criminal Facts】

In using and managing the means of access, no one shall lend the means of access, or receive or lend the means of access for the purpose of using it for a crime or be used for a crime, or keep, deliver or distribute the means of access, knowing that it is to be used for a crime.

Nevertheless, on January 20, 2019, the Defendant would pay 5% of the amount of money exchanged for B B, through C message, from an Buddhist person who assumes the “B” around January 20, 2019. The Defendant received a proposal and received it, and then sent one cash card connected to the account of community credit cooperatives (F) in the name of the Defendant on January 21, 2019, within the E convenience store located in Daegu Northern-gu, Daegu, Nowon-gu, and then sent one cash card to the account of community credit cooperatives (F) in the name of the Defendant.

As a result, the Defendant promised to receive money exchange assistance as part-time allowance and lent the means of access in return for compensation.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Reports on internal investigation (attaching a written confirmation of the results of electronic financial transfer);

1. Previouss before and after judgment: Trial before and after judgment, report on results of confirmation, and application of Acts and subordinate statutes;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The instant crime is committed not only by impairing the safety and trust of financial transactions, but also by using the transferred card, etc. as a means of other crimes; the transferred card, etc. was used for the actual fraud; and several times of criminal records; the Defendant led to the confession of the instant crime.

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