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(영문) 대구지방법원 2019.07.25 2019고단2549
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 the means of access, no one shall borrow or lend a means of access or keep, deliver or distribute the means of access with the knowledge that they are to be used for a crime or to be used for a crime.

Nevertheless, around January 8, 2019, the Defendant received a proposal from a person who had misrepresented his employee of a lending company to the effect that he would make a false statement of transactions of withdrawal from deposits and would allow him to obtain a loan, and around that time, the Defendant issued a copy of the check to the person who sent the name in front of the Daegu Jung-gu Hospital, Daegu-gu, to the person who sent the name in front of the name in the name in the name in the name of the Defendant (E).

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 the police statement concerning F;

1. A statement of remittance of victims;

1. Application of Acts and subordinate statutes to a criminal investigation report (attaching content, etc. submitted to A);

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. The sentence identical to the order shall be determined by comprehensively taking into account the circumstances such as the fact that the defendant for the reason of sentencing under Article 62(1) of the Criminal Act recognizes the crime and reflects the fact that the defendant has no record of criminal punishment, and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, character and conduct, family relationship and circumstances before

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