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(영문) 대구지방법원 서부지원 2019.06.18 2018고단2692
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 transfer or take over a means of access, or lend or take over a means of access in return for compensation.

On June 7, 2018, the Defendant promised to receive a rent of KRW 3 million from the street in front of his residence in Seo-gu, Daegu to receive a rent of KRW 3 million, and lent a physical card linked to the Defendant’s name C (Account Number: D) to the name-disskwikseter through Kwikset Service Articles.

Accordingly, the defendant agreed to receive compensation and lent the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. E’s written petition;

1. Application of Acts and subordinate statutes on account transactions;

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

1. The act of lending the means of access for electronic financial transactions on the grounds of sentencing under Article 62(1) of the Criminal Act can be used as a means of crime undermining the security and reliability of electronic financial transactions and other crimes. Therefore, the crime is not good, and the means of access leased by the defendant was actually used for the crime of fraud.

However, considering the fact that the defendant led to the crime of this case, there is no benefit from the crime of this case, the first offender who has no record of criminal punishment, the defendant's age, character and conduct, environment, family relationship, means and result of the crime of this case, and all the sentencing conditions specified in the arguments of this case, such as the circumstances after the crime of this case, the punishment shall be determined as ordered.

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