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(영문) 대구지방법원 서부지원 2019.09.04 2018고단1694
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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 borrow or lend a means of access used in an electronic financial transaction while receiving, demanding or promising any consideration, or keep, deliver or distribute the means of access.

Nevertheless, on February 23, 2018, the Defendant, upon receipt of a proposal from a person who has no name, lent B bank account (C) and one e-mail card connected thereto under the name of the Defendant to the person who has no name, “if it is sent to the casino, B bank account (C) and one e-mail card connected thereto, it is necessary to use the passbook and the e-mail card, and if it is sent to the passbook and the e-mail card, it will be returned to the person who has no name.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes concerning financial transaction information;

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 act of lending the means of access used in electronic financial transactions, such as the instant crime on the grounds of sentencing under Article 62(1) of the Criminal Act, as the instant crime, requires strict punishment as an act assisting another crime, such as singing, etc., and considering the fact that the cream card and the account of the Defendant connected to the card lent by the Defendant was actually used for the singing crime, etc. at a disadvantage of the Defendant, the fact that the Defendant recognized the facts of the crime and the fact that the accounts of the Defendant connected to the card have been actually used for

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