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(영문) 대구지방법원 2018.11.30 2018고단4849
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium, or store, deliver or distribute such medium with the knowledge that such medium is to be used for a crime or to be used for a crime.

Nevertheless, on June 20, 2018, the Defendant issued a proposal to the effect that “to obtain loans by making details of transactions in the name of the Defendant’s account” from a person in an unsound place with no name, and sent the check to the collection book of the check card that sent the name and the check to the post office account in the name of the Defendant.”

Accordingly, the defendant, knowing that he will be used for a crime such as lending fraud, lent a approaching medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to search and inspection warrant execution data;

1. Article 49 (4) 2 and Article 6 (3) 3 of the Act on Electronic Financial Transactions for the crime;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing conditions indicated in the records, such as the Defendant’s age, sex, environment, motive for and circumstances after the crime, etc. shall be determined as ordered in consideration of the following: (a) the access media that the Defendant lent to the Defendant for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act used to commit fraud; (b) the Defendant was punished for the same kind of crime; (c) the Defendant’s reflection; (d) the Defendant was not guilty

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