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(영문) 대구지방법원 2020.02.06 2019고단6550
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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, no one shall lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, around October 2, 2019, the Defendant received a proposal from a person who has no personal name to the effect that he/she would offer 50,000 won if he/she lends his/her physical card to an overseas sales company to save taxes, and then accepted the proposal, and then sent a copy of the physical card, which is linked to the DNA bank account (E) in the name of the Defendant, in front of the C convenience store located near the office of Gyeongbuk-gun, Gyeongbuk-gun, and around that time, sent it to the person who has no personal name.

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. A written statement;

1. A list of transactions;

1. Application of replies to requests for financial transaction information;

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. Reasons for sentencing under Article 62(1) of the Criminal Act unfavorable to the reasons for suspended sentence: The means of access leased has been used for licensing crimes; the circumstances favorable to the fact that the means of access has already been led to several times of punishment: confessions and reflects; the fact that there is no record of punishment for the same kind of crime; and other circumstances shown in the pleadings of this case, such as the defendant's age, character and conduct, environment, family relationship, motive and consequence of the crime; shall be determined as per the disposition, taking into consideration

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