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(영문) 대구지방법원 2019.07.18 2019고단2592
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 one shall borrow or lend, keep, deliver or distribute the means of access with the knowledge that they are to be used for any crime or to be used for any crime unless otherwise specifically provided for in other Acts.

Nevertheless, on October 23, 2018, the Defendant received a proposal that “if he/she works for a company for six months or longer, and send a physical card to make the content of income evidence, he/she would have the card enter and exit money into an account and make a loan by making a transaction result.” On the same day, the Defendant sent the physical card connected to the national bank account (B) in the name of the Defendant at the Daegu Suwon-gu post office, Daegu-gu, Daegu, to the non-resident name, and notified the account number and password C.

Accordingly, the Defendant knowingly lent the means of access to the account to a person with no name even though he could be used in the crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes on account details;

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

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the sentencing conditions indicated in the records of this case, such as the age, character and conduct, family relationship, family relationship, home environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered by taking into account the following circumstances.

A favorable circumstances: The defendant's means of access has been used for crime and actual damage has been incurred, if the crime is committed and the mistake has been divided.

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