(영문) 대구지방법원 경주지원 2019.07.11 2019고단197

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(영문) 대구지방법원 경주지원 2019.07.11 2019고단197

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for not less than three months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal power] On March 6, 2019, the Defendant was sentenced to one year of suspension of the execution of imprisonment with prison labor for violating the Electronic Financial Transactions Act in Daegu District Court racing support, etc., and the judgment became final and conclusive on March 14, 2019.

【Criminal Facts】

Except as otherwise expressly provided for in other Acts, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access with the receipt, request or promise of compensation, and shall not borrow or lend a means of access with the knowledge that it will be used for a crime or for a crime, or keep, deliver or distribute a means of access with the knowledge that it will be used for such crime.

Nevertheless, at around 01:00 on September 6, 2018, the Defendant received 300,000 won of the number of days loan from a person who has become aware of via the Internet, and then received a proposal from a person who has no personal name, stating that “it is necessary to collect principal and interest, and put it in a residential mail after entering a password on the card.” In addition, there has already been the history of being punished for violating the Electronic Financial Transactions Act, and even though the Defendant was aware that the means of access would be used for crime if he/she was being investigated by an investigation agency due to the violation of the Electronic Financial Transactions Act, he/she accepted it, even though he/she knew that the means of access would be used for crime. On September 6, 2018, the Defendant, around 05:00 on September 6, 2018, issued a post office account under the name of the Defendant’s mother C (D) connected with the post office account under the Defendant’s name of the Defendant.

Accordingly, the Defendant received the consideration of the loan and lent the means of access knowing that it will be used for the crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each written petition;

1. Each statement;

1. Each detailed statement of deposit;

1. The loaner of the investigation report and the submission of the suspect.

참조조문

-전자금융거래법

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