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(영문) 대구지방법원 2018.10.18 2018고단3975
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall lend any access medium to use or manage any electronic card or other similar electronic information, certificate, password, or any other access medium in electronic financial transactions by requiring or promising to receive any consideration, unless otherwise provided for in any other Act.

On June 5, 2018, the Defendant sent a e-mail card by telephone from a person who is named as a lending company on or around June 5, 2018

Around 13:00 on June 8, 2018, the office of Cheongdo located in the Cheongdo-dong, Cheongdo-gun, Chungcheongnam-do-si, Chungcheongnam-do-si, with a result of credit extension of KRW 20 million, sent a copy of the physical card connected to the Agricultural Cooperative Account (Account Number B) under the name of the Defendant to the name in the name of the Defendant and notified the password.

As a result, the Defendant promised to pay credit rating through false deposit and return to the name in return for the intangible expected interest of future loans, and lent the accessible media to the name influence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A E-document;

1. Application of a written confirmation of the results of electronic financial transfer, a letter of reply to financial transaction information, a screen of inquiry of the results of transfer, and statutes on response to account transactions;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter the following sentencing grounds) is that the instant crime is likely to be abused as a means of another crime as well as impairing the safety and trust of financial transactions. Therefore, strict punishment is required.

The number of card lent by the defendant is two, all of these approaches are actually used for fraud, and the defendant has already been used for the same kind of crime.

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