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(영문) 대구지방법원 2019.07.11 2019고단2150
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access, knowing that he/she is to be used for a crime or to be used in such crime.

Nevertheless, on January 7, 2019, the Defendant received a proposal that “A bank is a bank and it is possible to lend at a low interest rate. However, if the bank transaction record is insufficient and the bank account number is sent to the bank, then the Defendant will have a high credit by accumulating the transaction performance and repeating the withdrawals, and then will provide loans.” On the same day, the Defendant sent two copies of the C Card connected to the Defendant’s name D (E) and the enterprise bank account (F) through Kwikset's article on the front of the company where the Defendant in Busan City is working, through Kwikset's article on the front of the company where the Defendant is working, and lends two copies of the C Card to G, while knowing that the account number and password of each of the above accounts will be used for the crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. Application of Acts and subordinate statutes on account statements;

1. Relevant Article 49 (4) 2 and Article 6 (3) 3 of the Electronic Financial Transactions Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the sentencing conditions indicated in the records of this case, such as the age, character and conduct, family relationship, family relationship, home environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered by taking into account the following circumstances.

The favorable circumstances: The defendant's means of access was used for the crime, resulting in actual damage, and the defendant's execution of the transfer of direct damage amount, leading to the crime.

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