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(영문) 대구지방법원 서부지원 2020.01.22 2019고단2530
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

In using and managing the means of access, no one may borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on August 2019, the Defendant received a proposal from a person who was deceased in the name of the first police officer to the effect that he/she would have leased to his/her account for the purpose of saving taxes by means of text message from him/her, and consented to it. On the same day, the Defendant sent a physical card connected to the D Association (E) account in the name of the Defendant at the C office located in the Daegu-gu Seo-gu, Daegu-gu, and sent the password to the F message.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Documents and written statements of G;

1. Application of Acts and subordinate statutes to details of transfer and replies;

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The crime of this case is committed not only by impairing the safety and trust of financial transactions, but also by using lent cards, etc. as means of other crimes; circumstances favorable to the actual fraud: The defendant led to confession and repent of the crime of this case; the defendant has no profit gained by the crime of this case; the defendant has no profit gained by the crime of this case; the defendant has no profit gained by the crime of this case; the defendant's age, character, character, environment, motive and circumstance of the crime, means and consequence of the crime of this case; and all other circumstances which are the conditions for sentencing specified in the arguments of this case, including the circumstances after the crime, etc.

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