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(영문) 대구지방법원 2018.12.19 2018고단4387
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

No person shall borrow or lend, or store, deliver or distribute, any access medium with the knowledge that it is intended to be used for a crime or intended to be used for a crime.

그럼에도 불구하고 피고인은 2018. 3. 초순경 성명 불상 자로부터 위 챗 메신저를 통해 “ 체크카드를 보내주면 입출금을 반복하여 거래 실적을 올리는 방법으로 신용 점수를 높여 대출을 받게 해 주겠다.

On May 15, 2018, at a post office located in Daegu-gu, Daegu-gu, about 10, the post office sent a copy of the physical card connected to the account (Account Number: B) in the name of the defendant to the name in the name of the defendant, and then sent a copy of the physical card connected to the name in the name of the defendant at home at the same post office around May 22, 2018, after one week thereafter, at the same post office, one copy of the physical card connected to the Daegu bank account (Account Number: C) in the name of the defendant.

Accordingly, the Defendant lent access media used for electronic financial transactions while knowing that it will be used for crimes such as fraud, violation of the Act on Real Name Financial Transactions and Confidentiality.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written petition;

1. Each statement;

1. Application of each written statement of transfer Acts and subordinate statutes;

1. Article 49 (4) 2 and Article 6 (3) 3 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The records include the following: (a) the Defendant’s access media that used to commit fraud for sentencing under Article 62-2 of the Social Service Order Criminal Act; (b) the Defendant committed the instant crime even if he/she was investigated into the same crime; (c) the Defendant reflects the Defendant; (d) the Defendant did not have any criminal record exceeding the fine; and (e) the Defendant’s age, sexual behavior, environment, motive and circumstances after committing the crime.

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