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(영문) 대구지방법원 2020.08.20 2020고단2960

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

Except as otherwise expressly provided for in any other Act, no one shall issue a transaction request in electronic financial transactions or lend a means of access used to secure the authenticity and accuracy of users and the details of such transaction in receiving, requesting or promising the price therefor.

Nevertheless, on December 3, 2019, the Defendant sought "B" from a name-free person who became aware of the name of the Defendant through the text message of the job offering advertisement to an overseas buying agency, and sought a substitute purchasing agency. For the settlement limit, if the purchase price of a purchaser who fails to purchase is deposited into his/her own account, it is expected to proceed with the settlement instead of his/her own physical card. If he/she notifies the account number, serial number, password, and approval number for the settlement, etc. of the overseas settlement, he/she will pay the fee after going through the overseas settlement." Upon receipt of a proposal that "on December 4, 2019, if his/her name is unknown, he/she will pay the fee after going through the overseas settlement." On December 6, 2019, the number of the Defendant's bank account (C) number, physical card number connected to the above account, identification number of the said card, serial number 0, and serial number of the Defendant's name and serial number 0.

Accordingly, the Defendant received compensation and lent the means of access.

Summary of Evidence

1. Application of Acts and subordinate statutes on the details of each account transaction in the police statement, written by the defendant in his/her legal statement E, to the Kakao Stockholm;

1. Relevant Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act concerning criminal facts and the choice of punishment, and the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act among concurrent criminal offenders who choose imprisonment with labor.