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(영문) 대구지방법원 서부지원 2020.01.16 2019고단2325

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

No one shall lend any means of access to electronic financial transactions while promising such consideration.

Nevertheless, on May 23, 2019, the Defendant received a proposal from a person whose name is unknown to the effect that he/she will lend a e-mail card to KRW 20 million by raising the transaction performance, and consented thereto. On the same day, around 14:00, the Defendant sent a e-mail card (E) to a person whose name is unknown by using a e-mail service connected to the Defendant’s name D account, and notified the password of the above account by telephone.

As a result, the Defendant promised to return a means of access to a person who is not aware of his/her name in return for an intangible expected interest of future loans.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of statutes on account transfer statements and conversation details;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) that the defendant acknowledges the crime of this case, and considering that the defendant has no criminal record already committed and punished);