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(영문) 대구지방법원 2019.07.24 2019고단1789
전자금융거래법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

No one shall borrow or lend a means of access, in receiving, requesting or promising any consideration, in using or managing any means of access, such as an electronic card used in electronic financial transactions and other similar electronic information, certificate, password, etc.

Nevertheless, around December 7, 2018, the Defendant received a proposal that “an employee who is required to manage the bulletin board, may receive KRW 1.50,000 per day when he manages the bulletin board,” which means that he/she shall create a detailed statement of entry and departure for the registration of an employee, so that he/she may cut off the card and the password,” and around 12:00 of the same month, he/she sent the password to the offender’s account located in the 2396th of the Daegu Suwon-gu, Suwon-gu, Daegu-gu, 18:00, along with the Defendant’s bank account (Account Number D).

Accordingly, the Defendant lent the means of access used in electronic financial transactions while receiving, demanding or promising the payment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of statutes on details of financial transactions;

1. Article 49(4)2 of the Act and Article 6(3)2 of the Electronic Financial Transactions Act (hereinafter “the grounds for both punishment”) concerning criminal facts and the selection of punishment for each type of crime, as well as Article 49(4)2 of the Act on Electronic Financial Transactions (amended by imprisonment,

1. The reason for sentencing under Article 59(1) of the Criminal Act (a) of the suspended sentence is to be punished by imprisonment with prison labor for not less than four months, however, considering the circumstances stated in the following "the reason for the suspended sentence", the Defendant's physical card was used for fraud of financial loans, thereby causing damage to the victim by defrauding a large amount of money, and the damage has not yet been recovered yet. However, there is a very unusual circumstance that the damage has not yet been recovered, or that the Defendant has grow up thoroughly in very rough and in a very unusual environment, even after the occurrence of the damage, and a car maintenance technician, etc.

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