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(영문) 대구지방법원서부지원 2020.12.02 2020고단2724

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

In using and managing a means of access, no one shall lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on April 19, 2020, the Defendant received a proposal from a person with no personal name to make a loan when sending the check from the person with no personal name, and accepted it and sent a copy of the check to the person with no personal name to the person with no personal name, through the Kwikset Service Delivery Articles, which sent a copy of the check to the person with no personal name to the person with no personal name, at a place where the same address is unknown on the same day.

As a result, the Defendant promised to provide a means of access in return for an intangible expected profit to receive future loans, and lent it to a person who is named in bad faith.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of the Acts and subordinate statutes concerning details of transactions;

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);