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(영문) 대구지방법원 2018.11.15 2018고단4466
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

No person shall borrow or lend, or store, deliver or distribute 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 10, 2018, the Defendant, who had misrepresented the employees of a lending brokerage company, made a transaction performance by luring and withdrawing the check when sending the check card, and had one bank borrow a loan.

“In response to the proposal,” the Defendant sent a physical card connected to the post office account (C) in the name of the Defendant through Kwikset Service that sent the Defendant’s name in front of the office in Daegu Seo-gu, on the same day, and notified the account number and password by telephone.

Accordingly, the Defendant, even though being aware of being used in the crime, lent a accessible medium to a nameless person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Transfer receipt;

1. Application of Acts and subordinate statutes on personal information and account details to account holders;

1. Article 49 (4) 2 and Article 6 (3) 3 of the Electronic Financial Transactions Act concerning the facts constituting a crime, the selection of punishment for an optional sentence, and the selection of imprisonment;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act: The Defendant’s access media was used for fraud, and the circumstances favorable to the fact that there have been several times of punishment: The Defendant’s age, sex, environment, family relationship, motive and consequence of the crime, and other circumstances shown in the pleadings of the instant case, such as the circumstances shown in the arguments of the instant case, shall be determined as the Disposition, taking into consideration the following factors.

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