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(영문) 대구지방법원 서부지원 2021.01.13 2019고단2472
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four 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 while receiving, demanding, or promising to receive, demand, or promise to use or manage the access medium.

Nevertheless, on December 18, 2018, the Defendant heard the statement that “10,000,000 won will be loaned from a person who was not the name of the Defendant, interest rate is 7% per annum, and if sending a e-mail card being used, will withdraw monthly interest by using the e-mail card.” On the same day, the Defendant sent a e-mail card connected to the e-mail’s account under the name of the Defendant to the e-mailed article sent by a person who was not the name in the e-mail B, Daegu-gu. B.C., one e., a e-mail card connected to the D bank account under the name of the Defendant.

As a result, the Defendant promised to return the intangible expected interest to receive future loans in return for the future and lent the access media to the name influence.

Summary of Evidence

1. A protocol concerning the examination of the police officers against the accused (two times);

1. A written statement of the F;

1. The investigation report (the sequence 8 in list of evidence);

1. A protocol of seizure and a list of seizure;

1. Details of transactions, and data on response to the details of transactions with banks A under the name of A;

1. Application of the photographic Acts and subordinate statutes;

1. Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297 of May 19, 202) on criminal facts, the pertinent provision of the Act and the former Electronic Financial Transactions Act on the Selection of Punishment, etc., Articles 49(4)2 and 6(3)2 of the same Act on the Selection of Punishment, etc.

1. The act of lending the access media used in electronic financial transactions, such as the instant crime, for the reason of sentencing under Article 62(1) of the Act on the Suspension of Execution, as the instant crime, requires strict punishment as an act assisting another crime, such as the singish fraud, and the Defendant’s account leased by the Defendant was actually used for the singishing fraud, and the Gyeonggi Police Station lost the cke card as indicated in the ruling at the time of interrogation at the Gyeonggi-gu Police Station and made a false statement is considered disadvantageous to the Defendant. The Defendant’s second interrogation at the Daegu-gu Police Station.

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