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(영문) 대구지방법원 안동지원 2019.03.22 2018고단792
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 a means of access, no one shall 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 July 11, 2018, the Defendant, upon receiving a proposal from a person who has no personal name, promised to receive 800,000 won per physical card, if he/she lends 3 to 50,000 won, due to tax issues, he/she will pay 80,000 won per 80,000 won." On the same day, at C located in B of permanent residence, through Kwikset Service Articles in the name of the Defendant, he/she provided one physical card connected to D (number: E) in the name of the Defendant and lent the means of access.

As a result, the defendant promised to receive the price, and lent the means of access necessary for electronic financial transactions to the name partner.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes on response materials of banks, such as details of withdrawal transactions and details of transactions;

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 transfer and lending of 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 other crimes, and in this case, the means of access leased by the Defendant was used as a singishing crime, thereby causing damage.

However, the defendant shows his attitude to recognize and reflect his mistake.

The defendant seems to have no profit from the crime of this case.

There is no particular criminal offense against the defendant.

In addition, the defendant's age, character and behavior, environment, motive and background of lending means of access, the number of means of access leased, the result of the crime, circumstances after the crime, etc. shall be considered and the punishment as ordered.

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