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(영문) 대구지방법원 2020.01.16 2019고단5958
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 person shall borrow or lend a means of access or keep, deliver or distribute a means of access with the knowledge that the means of access is to be used for a crime or will be used for a crime.

Nevertheless, around September 17, 2019, the Defendant received a proposal from a nameless person who had misrepresented his employees of the lending company to the effect that “When sending a e-mail card, the Defendant would make false entries into the e-mail and take credit rating after getting loans, and then would get loans.” Around that time, the Defendant sent one e-mail card connected to the Defendant’s account (D) in the nameless person under the name of the Defendant using Kwikset Service prior to the C convenience point in Daegu Northern-gu B.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of E;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence is that the defendant is aware of the criminal facts and commits a mistake, and 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, etc., shall be determined as ordered in full consideration.

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