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(영문) 대구지방법원 2018.04.10 2018고단766
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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 any other Act, no one shall lend any access medium while receiving, demanding or promising to receive any consideration, in using or managing an electronic card, electronic information equivalent thereto, certificate, password, or any other access medium used in electronic financial transactions.

Nevertheless, at around 12:00 on November 15, 2017, the Defendant received a message from a person in the name in the name of the Defendant to Kakakao Stockholm and promised to pay KRW 800,000 per day on condition that the account would be used for the purpose of saving taxes for three days per account if the Defendant lent the account to be used for the purpose of saving taxes, and then delivered two copies of the physical card connected with the Defendant’s Daegu Bank Account (Account Number: D) and the Agricultural Cooperative Account (C) under the name of the Defendant to the non-party.

As a result, the suspect promised to receive the price and lent the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of statutes on financial transactions, replies to financial transaction information, and details of deposit and withdrawal transactions in the principal;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter the following sentencing grounds) is that the instant crime is likely to be abused as a means of another crime as well as impairing the safety and trust of financial transactions. Therefore, strict punishment is required.

In addition, the defendant lent two physical cards, and the fact that such loans are actually used for fraud crimes is disadvantageous to the defendant.

On the other hand, the defendant's mistake is against the defendant, and it seems that he did not gain any specific benefit from the crime of this case.

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