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(영문) 대구지방법원 2019.05.09 2019고단987
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

In using and managing a means of access, such as an electronic card used in electronic financial transactions and other similar electronic information, certification certificate, password, no one may borrow or lend a means of access while receiving, requesting or promising any consideration, unless otherwise specifically provided for in any other Act.

Nevertheless, on November 5, 2018, the Defendant received a proposal to the effect that “4 million won shall be given if he/she lends a card” from a person without the name of the card recruiter who was known of his/her place through the introduction of friendships at a place where it is unknown, and accepted it. On November 6, 2018, the Defendant sent one check card connected to a bank account (Account Number: E) under the name of the Defendant using Kwikset on the front side of the route located in Daegu Suwon-gu B.

As a result, the Defendant promised to pay for, lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes governing the statement of financial account transactions;

1. Relevant Article 49(4) and (2) and Article 6(3)2 of the Electronic Financial Transactions Act concerning criminal facts, the choice of punishment, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant was promised to pay the means of access and lent the means of access. It is not easy that the means of access leased is used for the so-called Bophishing crime.

However, the fact that the defendant recognized the crime of this case and reflects the fact that there has been no record of punishment so far, etc. The sentencing conditions specified in the records of this case, such as the defendant's age, character and conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, etc., shall be determined as ordered by taking into account the following factors.

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