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(영문) 대구지방법원서부지원 2020.10.14 2020고단1806

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

No person shall lend a means of access in the course of receiving, demanding or promising any compensation.

Nevertheless, on November 27, 2019, the Defendant promised that “if you send a physical card, etc., then you will obtain a loan by accumulating false transaction records” from the person with no personal information, and then sent one copy of the physical card connected to the bank account (C) in the name of the Defendant at the post office located in Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, the Defendant sent one copy of the physical card to the person with no personal information and notified the password to the person with no personal information.

As a result, the Defendant promised to receive intangible expected gains from future loans and lent the means of access to a person who is not his/her name.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes governing the financial data gathering;

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);