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(영문) 대구지방법원 서부지원 2020.04.17 2019고단2226
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

In using and managing the means of access, no one may lend the means of access knowing that they are to be used in any crime.

On July 22, 2019, the Defendant listened to the statement that he would borrow KRW 6 million from a person whose name is unknown to the effect that he/she would obtain a loan from a person who is unable to know his/her name. On the same day, around 20:17, the Defendant: (a) at around 20:17, at the time of the same day, he/she obtained a so-called “illegal work loan” to obtain a loan by deceiving a bank by raising credit rating, even though he/she could not obtain a loan from a one-person “B company” from an illegal loan brokerage company in the name of “B company; and (b) sent the personal card in the name of the Defendant to a person whose name is unknown through Kwikset Service news article; and (c) notified the account number and password of the said account by telephone.

Accordingly, the Defendant lent the means of access with the knowledge that it will be used for a crime or used for a crime.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Canadian dialogue content-Submission of suspect;

1. Application of Acts and subordinate statutes on a copy of passbook;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act, including the fact that the defendant makes confession and reflects, and that there

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