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(영문) 대구지방법원 2020.05.07 2019고단6704
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

On October 11, 2019, the Defendant received a proposal that “if he send a physical card and informs the password, he will get a loan by accumulating the credit rating by accumulating the account performance result, and then get a loan.” On the same day, the Defendant issued one physical card connected to the deposit account (C) in the name of the Defendant at the Dong-dong post office located in the Dong-dong, Dong-si, Dong-si, Si, Si, Si, Gun-si, and sent the password to the name partner and notify him of the password.

Accordingly, the Defendant promised to obtain intangible expectation interest that can be received future loans through the details of transactions of deposit and withdrawal, and lent the means of access to a person who is not his/her name.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each internal investigation report and the application of the Acts and subordinate statutes governing the investigation report;

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. Circumstances unfavorable to sentencing under Article 62(1) of the Criminal Act: The act of lending the means of access is serious to social harm by facilitating various crimes, such as tax evasion, Internet gambling, and hosting, etc.; the circumstances favorable to the Defendant’s damage of KRW 9,171,00,00, which is attributable to the Defendant’s lending financial institution’s lending account: there is no evidence to prove that, at the time of the instant crime, the Defendant had known that the account of the financial institution that lent the Defendant’s name was to be used for singing; the Defendant is an initial offender without criminal punishment; the Defendant is a primary offender without criminal punishment; the Defendant shall be sentenced to punishment as per Disposition, taking into account all the various circumstances, such as the Defendant’s age and character, motive, means and consequence of the crime, and the circumstances after the crime, etc.

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