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(영문) 대구지방법원 2018.11.30 2018고단4873
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor 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

Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium, or store, deliver or distribute such medium with the knowledge that such medium is to be used for a crime or to be used for a crime.

Nevertheless, on August 8, 2018, the Defendant issued a proposal to the effect that “to obtain a loan by making details of transactions with an account under the name of the Defendant,” from a person in unsound location, and sent a physical card connected to the Defendant’s corporate bank account (D) in Daegu-gu, Daegu-gu, Daegu-gu, about 17:00 on the same day.

Accordingly, the defendant, knowing that he will be used for a crime such as lending fraud, lent a approaching medium.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of account details, etc., Acts and subordinate statutes of transfer confirmation;

1. Article 49 (4) 2 and Article 6 (3) 3 of the Act on Electronic Financial Transactions for the crime;

1. Selection of imprisonment with prison labor chosen;

1. The sentencing conditions indicated in the records, such as the Defendant’s initial offender, the Defendant’s primary offender, the Defendant’s age, sexual conduct, environment, motive and circumstances after committing a crime, etc., as set forth in Article 62(1) of the Act on the Suspension of Execution, shall be determined as indicated in the order.

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