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(영문) 대전지방법원 논산지원 2019.10.29 2019고단403
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

No one shall, in using and managing the means of electronic financial transactions, borrow or lend a means of access with the knowledge that such means are to be used for any crime or to be used for any crime, unless otherwise provided for in other Acts.

Nevertheless, around March 7, 2019, the Defendant: (a) received a proposal from an influor of his name from an influor of the rice bus terminal at Seosan-si, Seosan-si, 973, to the effect that “I will enter an illegal soil site known to our country; (b) enter the current name account into the money exchange account; and (c) send a check card connected to the current account in the name of the party; (d) make a loan by means of depositing the money exchange of the illegal soil site into the current account; and (e) make a loan by means of depositing the money exchange of the illegal soil site into the current account; and (e) thereby, sent the check card connected to the two (C) accounts in the name of the Defendant, and then sent a password to the name influor of the express bus; and (e) notify D of the password.

Accordingly, the Defendant lent the means of access with knowledge that it will be used for crimes such as illegal gambling sites and fraud loans.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. Application of Acts and subordinate statutes concerning transfer transaction confirmation;

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. Reasons for sentencing under Article 62(1) of the Criminal Act: The means of access leased by the defendant was used for the singinging crime, and circumstances that are favorable to the victim’s damage has not been recovered: The defendant’s primary offender appears to be against his/her mistake; the defendant’s age, character and conduct, environment, criminal records, criminal records, circumstances after the crime, and all the sentencing conditions specified in the arguments of this case, including the defendant’s age, character and conduct, criminal records, criminal records,

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