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(영문) 대구지방법원 서부지원 2019.06.11 2019고단788
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than three months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one may transfer any means of access to another person or lend any means of access with the receipt, request or promise of any compensation.

Nevertheless, at around 16:00 on December 4, 2018, the Defendant sent the physical card of the C association account (D) opened in his name to a person in the name in return for the lending of the physical card for three days after the necessity of the C association to reduce the tax of alcoholic beverages, at the Defendant’s house located in Daegu-gu Office B, Seogu, Daegu-gu, 2018. The Defendant, upon receipt of a proposal, sent the physical card to a person who has failed to pay his/her name, and notified him/her of the personal identification number on the back of the said physical card.

Accordingly, the Defendant promised to provide compensation, and lent the means of access to others.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of the reply statutes to the provision of photographs and each information on financial transactions in the gap of smart banking;

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. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., Article 62 (1) that the defendant acknowledges the crime of this case; Article 62 (1) of the Criminal Act on the grounds that the defendant has no criminal record of being punished for the same criminal record or sentenced to suspended execution or heavier punishment;

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