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(영문) 대구지방법원 2018.12.20 2018고단4949
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

No person shall borrow or lend any access medium with the knowledge that it is intended to be used for a crime or intended to be used for a crime in using or managing the access medium.

Nevertheless, on August 2018, 2018, the Defendant received a proposal from a person who was in the name of the Defendant to the Kakakao Stockholm as the Kakao Stockholm, and consented to the loan by raising credit points by repeating the transaction performance, and then returning the Kaka Card. Around that time, the Defendant sent the Kaka Card to a person who was in the name of the Defendant before the Hospital located in the Kasan-si B, which was linked to the Nong Bank account (Account Number: D) in the name of the Defendant.

Accordingly, the Defendant, knowing that it will be used for crime, lent access media to electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A certificate of confirmation of transfer details;

1. Application of the statutes on the investigation report (the Kakao Stockholm dialogue content submitted by the suspect A);

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 3 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. The grounds for sentencing under Article 62(1) of the Criminal Act, including the fact that the defendant for the reasons for sentencing under Article 62(1) of the suspended sentence, is against the recognition of the crime, the fact that there is no record of punishment for the same kind of crime, and other conditions of sentencing that are shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before

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