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(영문) 대구지방법원서부지원 2020.09.09 2019고단1731
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

On December 23, 2018, the Defendant received a proposal that “The Defendant would give KRW 2,300,000 per month to the lending cost if he/she lends the crow card” from a person who has become aware of the Internet through the Internet Peston-si B, Chungcheongnamcheon-si, Gyeongcheon-si, the Defendant sent a copy of the crow card connected to the c bank account (Account Number: D) in the name of the Defendant, to the above person who was not aware of the name.”

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

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each statement of E, F, G, H, I, and J;

1. A report on investigation (a list of evidence Nos 21);

1. Application of Acts and subordinate statutes to the inquiry of liquidity details, each deposit certificate, public receipt, certificate of deposit transaction performance, evidentiary materials on withdrawal/transfer, electronic financial transfer result certificate, CD/ATM remittance transaction certificate, and reply data;

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 act of lending the means of access used in electronic financial transactions, such as the instant crime with the reason for sentencing under Article 62(1) of the Criminal Act, requires strict punishment as an act of aiding and abetting other crimes, such as the singishing fraud or the Internet goods fraud crime. Considering the fact that the cream card leased by the Defendant and the account of the Defendant connected thereto was actually used for the Internet goods fraud crime, the fact that the account of the Defendant was actually used for the Internet goods fraud crime is considered as disadvantageous to the Defendant, and the fact that there was no record of punishment for the same

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