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(영문) 대구지방법원 서부지원 2019.06.04 2018고단2710
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 transfer or take over a means of access, or lend or take over a means of access in return for compensation.

On June 2018, the Defendant promised to receive a loan of KRW 2.1 million from 3 days in Daegu-gu, Seocho-gu, and sent a copy of the physical card connected to the D Association account (E) under the name of the Defendant to the non-consigner.

Accordingly, the defendant agreed to receive compensation and lent the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes, such as physical cards and photographs (133 to 136 pages of evidence records) / [in addition to the phrase “fack photograph, etc. (133 to 136 pages)” under the phrase “a suspect examination protocol” as indicated in the column of the evidence list]

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. The crime of the means of access with the reason for sentencing under Article 62(1) of the Act on the Suspension of Execution may be abused as a means of other crimes, and thus, should be strictly punished. Meanwhile, considering all the circumstances such as the fact that the defendant recognized his/her mistake, reflects himself/herself, and does not repeat the crime, economic circumstances are difficult, criminal records, criminal records (which does not constitute a criminal record of the same offense and can be viewed as a criminal record) and the prosecutor’s imprisonment (one year of suspended sentence in June) with prison labor, it is so decided as per Disposition.

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