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(영문) 대구지방법원 서부지원 2020.05.21 2018고단2946
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

No one shall lend any means of access to electronic financial transactions while promising such consideration.

On April 17, 2018, the Defendant received text messages from a person whose name is unknown to the effect that “the Defendant is a liquor company and requires a physical card to be 800,000 won per tax issue.” The Defendant agreed to contact with the said person and receive KRW 1,60,000,000 from 2,000 to 1,60,000 won per page 1,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

As a result, the Defendant promised to pay for, lent the means of access to electronic financial transactions.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement of H;

1. Reports on internal investigation (Attachment to the details of transactions in the accounts of Dbank accounts in the A name), internal investigation reports (Attachment to the F Account Details in the A name and the CCTV screen for the withdrawal of damaged money);

1. Application of the response statutes to requests for the provision of information on each financial transaction, such as official receipts;

1. Article 49 (4) 2 and Article 6 (3) 2 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 act of lending the means of access for electronic financial transactions on the grounds of sentencing under Article 62(1) of the Criminal Act can be used as a means of crime undermining the security and reliability of electronic financial transactions and other crimes. Therefore, the crime is not good, and the means of access leased by the defendant was actually used for the crime of fraud.

However, the defendant seems to have no profit from the crime of this case, the defendant has no record of criminal punishment, and the defendant's age, character and conduct, environment, family relationship, means and results of the crime of this case, and circumstances after the crime, etc.

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