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(영문) 대구지방법원 서부지원 2020.01.22 2019고단2399
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

No person shall, in using and managing the means of access, borrow or lend the means of access or store, deliver or distribute the means of access with the knowledge that they are to be used for a crime or to be used for a crime.

Nevertheless, the Defendant, who assumes the name in the name in the name in which he assumes the “B” staff members, shall create a credit rating by setting up the details of the transaction of the funds to be deposited and withdrawn with the e-mail card. When sending two e-mail cards, the Defendant would have accumulated the results of the transaction of the funds to be deposited and withdrawn. The Defendant’s credit will not be granted a loan, thereby creating a false transaction performance and raising the credit rating by deceiving the lending company, thereby obtaining a so-called “illegal work loan,” and around May 16, 2019, at the “D store” operated by the Defendant in Daegu-gu, Daegu-gu, the Defendant’s name in the “D store,” the e-mail card (F) connected to the account in the name of the Defendant, and the e-mail card (H) connected to the G (H).

Accordingly, the Defendant lent the means of access knowing that it will be used for crime purposes or crime.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the accused by the prosecution (including G deposit transaction record certificate attached);

1. An investigation report (in relation to a loan, attaching an employee who misrepresented him/her as a bank staff and a Messenger to I);

1. Details of deposit transactions and application of the new Acts and subordinate statutes on financial transaction information;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. To lend a means of access used in electronic financial transactions with the knowledge that it will be used for the same crime as the instant crime with the reason for sentencing under Article 62(1) of the Criminal Act.

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