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(영문) 대구지방법원 서부지원 2019.10.24 2019고단904
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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 one shall borrow or lend a means of access, or keep, deliver or distribute a means of electronic financial transactions in receiving, demanding or promising any compensation therefor.

Nevertheless, the Defendant accepted the proposal that “If he/she is an exporting company and if he/she is aware of excessive performance, he/she will take 20% of the amount deposited in the passbook.” On January 10, 2019, the Defendant issued two physical cards connected to the name of the Defendant’s bank account (E) and the F Association account (G) by means of delivering them to the needy party using a door-to-door phone.

Accordingly, the Defendant promised to receive the payment of the means of access for electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. Investigation report (to attach details of the F Association account of a suspect);

1. Application of Acts and subordinate statutes to certificates of entry into and withdrawal from an I Bank, details of deposit transactions, and certificates sent out of check cards;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The act of lending the means of access for electronic financial transactions on the grounds of sentencing under Article 62(1) of the Criminal Act can be used as a means of crime undermining the security and reliability of electronic financial transactions and other crimes. Therefore, the crime is not good, and the means of access leased by the defendant was actually used for the crime of fraud.

However, considering the fact that the defendant confessions the crime of this case and repents the mistake, there is no record of punishment for the crime of violating the Electronic Financial Transactions Act, and other various sentencing conditions as shown in the argument of this case, such as the defendant's age, character and conduct, environment, family relationship, means and consequence of the crime, etc., are considered.

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