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(영문) 대구지방법원서부지원 2020.12.23 2020고단2832

전자금융거래법위반

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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, in using and managing a means of access used in electronic financial transactions, borrow or lend a means of access while receiving, demanding or promising any compensation therefor.

Nevertheless, on May 15, 2020, the Defendant received a communication from a nameless person (one named “B agent”) who assumes the name from a lending institution to the effect that “if he sends a e-mail card, he may obtain a loan by means of the e-mail for the creation of claims with the e-mail card.” On or around the 15th of the same month, the Defendant sent one e-mail card connected to the Defendant’s account (Korean bank D) through Kwikset Service before the Defendant’s residence located in Daegu-gu, Daegu-gu, to a place designated by the above e-mail.

As a result, the Defendant promised to receive a future loan benefit and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of the Acts and subordinate statutes to photographs by cutting down a conversation, such as the provision of financial transaction information and details of deposits;

1. Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act (amended by Act No. 17297 of May 19, 202) regarding criminal facts, the choice of imprisonment for a crime, and the choice of a sentence

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., the fact that wrongs are recognized and rebuttals, and that there is no profit from the crime of this case);