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(영문) 대구지방법원 2019.09.03 2019고단3445
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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 April 1, 2018, the Defendant received a proposal from a name-free person who misrepresented B staff member, stating that “When sending a physical card, the Defendant would have a higher credit point by repeatedly creating transaction performance, and then return the physical card.” Around that time, the Defendant sent a copy of the physical card linked to the name-free person’s bank account (Account Number: E) in the name-free person’s name by using the selective distribution service from the Daegu Suwon-gu Suwon-gu C.

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. Application of a petition, written statement, details of transactions, and text messages to statutes;

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. The reason for sentencing under Article 62(1) of the Criminal Act - The means of access lent by the defendant was used for the crime of licensing, causing damage.

- The defendant is aware of and reflect on the crime.

There is no record of the same punishment.

There is no profit gained by the defendant from the crime of this case.

In addition to the above circumstances, the defendant's age, character and conduct, occupation, family relationship, environment, motive, means and result of the crime of this case, circumstances after the crime of this case, etc., and various sentencing conditions shown in the arguments of this case shall be determined as ordered.

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