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(영문) 대구지방법원 2019.10.24 2019고단3531
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four 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

No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access in receiving, demanding or promising compensation.

Nevertheless, on August 5, 2018, the Defendant was asked to offer KRW 1,50,000 if he borrowed an account from a person who was not the deceased on his name in his name. On August 5, 2019, the Defendant sent to Kwikseter a letter of C, which was linked to the bank account (Account Number C) in the name of the Defendant in front of the Defendant’s residence located in Daegu Dong-gu, Daegu-gu, Daegu-gu, and sent him a letter of C, which was linked to the Defendant’s bank account (Account Number C).

Accordingly, the Defendant promised to pay compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of the police statement to D and the remittance details Acts and subordinate statutes;

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. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant was promised to receive compensation and lent the means of access, and the liability for the crime is not minor in terms of the fact that the means of access lent was used for fraud.

However, the sentencing conditions stated in the records of this case, such as the Defendant’s age, character and conduct, environment, and circumstances before and after the commission of the crime, etc., shall be determined as ordered in full consideration of the fact that it is against the depth of the crime.

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