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(영문) 대구지방법원 서부지원 2019.07.10 2019고단531
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall transfer or take over a means of access, or lend or take over a means of access in return for compensation.

On October 15, 2018, the Defendant promised to rent KRW 3 million per account in front of the Northernbuk-gu Office located in Daegu Northern-gu, Daegu-gu, and lent two physical cards to the name defecter via Kwikset-based service article, each connected to the company bank account (B) and the Agricultural Cooperative Account (C) under the name of the Defendant.

Accordingly, the defendant agreed to receive compensation and lent the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a transfer certificate, financial institution correspondence data, and a statement of deposit transactions;

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

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

1. Selection of imprisonment with prison labor chosen;

1. An unfavorable circumstance for sentencing under Article 62(1) of the Criminal Act: A sentence shall be imposed as ordered by taking full account of all other circumstances, including the following: the crime of this case is likely to undermine the safety and trust of financial transactions, and the leased card, etc. may be abused as a means of other crimes; the Defendant lent two copies of the card; the leased card, etc. was actually used for the actual fraud: the Defendant led to the instant crime; the Defendant was committed in a confession and divided manner; the Defendant did not have any profit gained from the instant crime; the Defendant was punished for the instant crime or has no record of punishment exceeding fines; and other circumstances, such as the Defendant’s age, character and behavior, environment, motive and background, means and consequence of the instant crime; and the circumstances after the instant crime, etc., which are the conditions for sentencing specified in the pleadings of this case,

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