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(영문) 대구지방법원 2019.09.05 2019고단2980
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In using and managing the means of access, no person shall lend or lend a means of access, or keep, deliver or distribute a means of access, knowing that such means are to be used for a crime or to be used for a crime.

Nevertheless, on March 26, 2019, the Defendant received a proposal from a person who has no name, stating that “When sending a physical card connected to a business account, he/she would create a detailed statement of withdrawal and withdrawal with an article money and gain a loan by raising credit rating.” In response, around March 17, 2019, at around 17:00, he/she sent one copy of the physical card connected to the name of the Defendant to Kwikset service provider who sent it by a person who has no name, and notified him/her of the account number and password by telephone.

Accordingly, the Defendant knowingly lent the means of access to the crime.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes on financial transaction information in the bank account in C name;

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

1. While recognizing that a defendant can be used for a crime on the grounds of sentencing under Article 62(1) of the Criminal Act, the means of access has been lent, and the liability for the crime has not been mitigated in terms of the fact that the means of access leased was used for the crime of fraud.

However, the defendant's depth reflects the defendant, there is no record of punishment heavier than the fine, and the defendant's age, character and conduct, environment, motive, before and after the crime, etc. shall be determined as the same as the order.

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