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(영문) 대구지방법원 서부지원 2019.10.02 2019고단1019
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

In using and managing the means of access, no one shall, unless otherwise specifically provided for in any other Act, borrow or lend the means of access while accepting, demanding or promising any compensation.

Nevertheless, around November 1, 2018, the Defendant heard that “if you send a Cbank card, it would make it possible to extend credit reputation by making a transaction statement, if you send it,” from a person under whose name the Cbank staff was misrepresented in his/her own residence in Seo-gu, Daegu, Seo-gu, Seoul, and provided Kwikseter with a copy of Postal Card connected to the Dbank account (E) under the Defendant’s name, and provided Kwikseter with a password and a password.

As a result, the Defendant promised to provide a means of access in return for an intangible expectation benefit that can receive a loan, and lent one copy to a person who is not aware of his name

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to the transfer certificate, the response data (A), the response data, the details of transactions by AD banks, and the G dialogue between A and the wounded;

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. The act of lending the means of access used in electronic financial transactions, such as the instant crime on the grounds of sentencing under Article 62(1) of the Criminal Act, as the instant crime, requires strict punishment as an act assisting another crime, such as singing, etc., the Defendant’s lending of the card and the account of the Defendant connected thereto is actually used for the singing crime. Considering the circumstances unfavorable to the Defendant, the fact that the Defendant recognized the facts of the crime and is divided, the first offender, etc. shall be determined in consideration of the circumstances favorable to the Defendant.

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