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(영문) 대구지방법원 2019.05.02 2019고단725
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 person shall, with respect to the use and management of a means of access, borrow or lend a means of access or store, deliver or distribute a means of access with the knowledge that such means are to be used for a crime or to be used for a crime.

Nevertheless, around November 2, 2018, the Defendant received a proposal from a name-free person who misrepresented the employees of the savings bank to the effect that “the Defendant would have a higher credit point by repeatedly making a transaction performance when sending the check card, and then return the check.” On November 7, 2018, the Defendant sent one copy of the check card connected to the name-free person under the name of the Defendant’s account (Account Number: D) using Kwikset’s service in front of the Daegu Northern District Office.

Accordingly, the Defendant knowingly lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. The authenticity of the E, the police statement of the E;

1. Application of Acts and subordinate statutes on transfer;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: Circumstances that the account loaned by the defendant was used in the phishing crime and that the damage was incurred: The confession and reflection of the crime; the primary offender is the above circumstances; the defendant's age, character, character, occupation, family relationship, environment; the motive and means of the crime of this case; the motive and consequence of the crime of this case; the circumstances after the crime; and the various conditions of sentencing as shown in the arguments of this case shall be determined as the Disposition.

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