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(영문) 대구지방법원 2019.07.04 2019고단2154
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

No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access in receiving, demanding or promising compensation.

Nevertheless, on December 2018, the Defendant: (a) received a proposal from an unsatisfe who searched and contacted “loan” on the Internet on the Internet, and (b) gave 1.5 million won per week to a person in secret name; (c) around that time, the Defendant sent the cash card connected to the Agricultural Cooperative (B) account in the name of the Defendant to an express bus at the Dong-gu Terminal located in Daegu-gu Branch of Dong-gu, Daegu-gu, and lent the means of access to a financial institution by notifying the name unsatisfe of the number and password to C; and (d) promised to make a compensation.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Details of modernization;

1. Application of Acts and subordinate statutes on account details;

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 reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant was promised to receive compensation and lent means of access, and the liability for the crime is not somewhat weak in the case of the means of access leased.

However, the defendant's recognition of the crime and reflects the fact that there has been no record of punishment other than the sentence of a fine of 500,000 won so far, and the defendant's age, character and conduct, family relationship, home environment, and circumstances before and after the crime, etc., which are the sentencing conditions specified in the records of this case, shall be determined as ordered in consideration of the overall circumstances.

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