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(영문) 대구지방법원 2020.01.07 2019고단5950
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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

No person shall, in using and managing the means of access, borrow or lend the means of access or store, deliver or distribute the means of access with the knowledge that they are to be used for a crime or to be used for a crime.

Nevertheless, around August 27, 2019, the Defendant: (a) received a proposal from a person under whose name the Defendant misrepresented the employees of the lending company to the effect that “if sending the passbook and e-mail card, by drawing up a false credit rating and allowing him to get loans after drawing up the credit rating; (b) around that time, the Defendant sent a passbook in the name of the Defendant in the name of the person designated by the deceased in front of the Defendant’s residence located in Daegu Northern-gu B and sent a passbook in the name of the Defendant (Account Number D) and a check connected thereto.

Accordingly, the Defendant knowingly lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. A petition and a police statement to E;

1. Application of Acts and subordinate statutes for verification;

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

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act - The means of access lent by the defendant was used for the phishing crime, causing damage.

- Recognizing and opposing the commission of the offence;

There is no record of punishment other than once a fine in 1992.

In addition to the above circumstances, the defendant's age, character and conduct, occupation, family relationship, environment, motive, means and result of the crime of this case, circumstances after the crime of this case, etc., and various sentencing conditions shown in the arguments of this case shall be determined as ordered.

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