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(영문) 대구지방법원 안동지원 2019.05.22 2019고단108
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

In using and managing a means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act.

Nevertheless, around December 5, 2018, the Defendant received and consented to the proposal that “B” from “B” who assumes the staff of a liquor company through mobile phone C message to “I will provide KRW 2,400,000 per unit if I lend the passbook to operate a liquor company for the reduction of or exemption from taxes.” On December 10, 2018, the Defendant sent the password of the above physical card to “B” through C message, which was connected to the F bank account (number : G) in the name of the Defendant and the Defendant’s H’s H’s h bank account (number : J), and notified the above “B” of the password’s password via C message.

Accordingly, the Defendant loaned the means of access upon demanding compensation.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of K;

1. Attachment of a warrant of search, seizure, verification, reply to the request for submission of a financial account trend, and a statement of account transactions under H of suspects;

1. Attachment of the suspect's family relation certificate;

1. Application of Acts and subordinate statutes to investigation reports (Presentation of Suspect C Contents);

1. Article 49 (4) 2 and Article 6 (3) 2 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. The transfer and lending of 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 other crimes, and in this case, the means of access leased by the Defendant was used as a singishing crime, thereby causing damage.

However, the defendant shows his attitude to recognize and reflect his mistake.

The defendant seems to have no profit from the crime of this case.

(b) the defendant;

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