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(영문) 대구지방법원 2019.08.14 2019고단2640
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for three 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 January 23, 2019, the Defendant received a proposal from the Buddhistist that “I would make loans that would normally be impossible, but would make a false account entry and withdrawal results and obtain a loan,” and then sent a physical card (including a password) connected to the new bank account in the name of the Defendant at the c convenience store located in the 19:00 square day on the same day.

Accordingly, the defendant knowingly lent a password and a password necessary to use a physical card, which is a means of access to electronic financial transactions, with knowledge that it will be used in an unlawful financial transaction.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes on financial transaction statement attached to a petition;

1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 2 and 6 (3) 3 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with labor for one month to three years;

2. Scope of the recommended sentence according to the sentencing guidelines [decision of types] (Type 1] general crime [special person] - Where there are extenuating circumstances in relation to the commission of a crime or motive for a crime, participation [the scope of the recommended area and the recommended sentence] special mitigation field, imprisonment with labor for one month to six months [the general person] - where there are no actual amount of profit or minor amount of profit: In the absence of substantial amount of profit or where there are extenuating circumstances in relation to the motive for a crime, it shall be considered] If there is any reason for special consideration in relation to the motive for a crime - Where there is no actual amount of profit or minor amount of profit, there is no criminal conviction above the suspension of execution, and there is no serious reflectment.

3. Determination of sentence: Imprisonment with prison labor for three months, in consideration of the fact that the Defendant’s Cze Card was used for the so-called Bophishing crime, thereby causing damage to the victim by deceptioning a considerable amount of money, and the damage has not yet been recovered.

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