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(영문) 대구지방법원서부지원 2020.10.22 2020고단1416

전자금융거래법위반

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A defendant shall be punished by imprisonment for not less than three 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 provide any means of access used to make a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction with or promise to provide or receive any consideration therefor.

Nevertheless, on January 21, 2020, the Defendant received a proposal from a name-free person who misrepresented the lending company's staff member and accepted it, and then delivered one check card connected to the Defendant's account in the name of the Defendant in Daegu-gu, Daegu-gu, which is his residence, to the name-free person by using one copy of the check card connected to the Defendant's account in the name of the Defendant.

Accordingly, the Defendant promised to lend the means of access for electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of the Act and subordinate statutes to investigate the details of account transactions and replies to requests for the provision of financial transaction information (No. 7);

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. The reason for sentencing of Article 62(1) of the Criminal Act (hereinafter “the reason for suspended sentence”), which is “the reason for suspended sentence”, is the reason for sentencing.

1. Scope of punishment by law: Imprisonment with labor for one month to three years;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the general crime [Type 1] - The mitigated element of a crime: [the scope of recommendations and recommendations] mitigated area, imprisonment with labor for one month to six months [the general person] where there is no actual amount of profit or minor amount of profit, - the serious amount of increase - Where serious harm is caused due to subsequent crimes [the reason for suspension of execution of sentence] - Where there is a reason for special consideration in the context of a crime committed: Where there is no actual amount of profit or the motive for committing a crime, or where there is no amount of profit or minor amount of profit: