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(영문) 대구지방법원 2020.09.22 2019고단5957
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 person shall, with respect to the use and management of a means of access, borrow or lend a means of access or store, deliver or distribute a means of access with the knowledge that such means are to be used for a crime or to be used for a crime.

Nevertheless, on March 5, 2019, the Defendant received a proposal from a person who had misrepresented his/her employees to the effect that he/she would make a false entry and withdrawal transaction statement, and then get loans from him/her. At that time, the Defendant sent one copy of the physical card connected to the Agricultural Cooperative (B) account in the name of the Defendant to the person who was designated by the person who had not received the name in front of the post office located in Daegu-gu Daegu-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on financial transaction information to police statement C;

1. Article 49(4)2 and Article 6(3)3 of the former Electronic Financial Transactions Act (amended by Act No. 17297 of May 19, 202), the pertinent provision on criminal facts, and the choice of imprisonment with labor

1. The reason for sentencing under Article 62(1) of the Criminal Act - The means of access lent by the defendant was used for the criminal act of licensing, causing damage.

- time to commit the offence;

There is no electricity exceeding a fine and there is no same electricity.

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