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(영문) 대구지방법원 2019.06.04 2019고단1270
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

In using and managing the means of access, no one shall borrow or lend the means of access, or keep, deliver or distribute the means of access, with the knowledge that they are to be used for any crime or to be used for any crime, unless otherwise provided for in other Acts.

Nevertheless, the Defendant, at the end of December 2016, received a proposal from a name-free person who misrepresented the employees of a lending brokerage company, stating, “A loan should not be made due to any lack of transaction performance, but if he sent a e-mail card, he will have a higher transaction performance and return the e-mail card after raising the loan performance.” At that time, the Defendant sent a letter of e-mail card, which is the means of access connected to the Defendant’s name CUnion (D) account in front of Daegu-gu, Daegu-gu, through Kwikset service articles, sent the account number and password of the said account to his name-free person and notified the telephone communications.

Accordingly, the Defendant knowingly lent the means of access to the account to a person with no name even though he could be used in the crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Account details;

1. Application for opening an account and application of Acts and subordinate statutes on account details;

1. Relevant Article 49(4)2 and Article 6(3)3 of the Electronic Financial Transactions Act concerning criminal facts, the choice of punishment, and the choice of imprisonment;

1. Circumstances unfavorable to sentencing under Article 62(1) of the Criminal Act: The period of probation shall be determined as per the order, taking into account the following circumstances: The means of access leased has been used for fraud, the favorable circumstances that have been punished several times: confessions and reflects that there is no record of the same kind of punishment, the defendant's age, character and conduct, environment, family relationship, motive and consequence of the crime, and the circumstances shown in the arguments in this case, such as the following circumstances:

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