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(영문) 대전지방법원 2021.01.14 2020고단2924

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall lend any means of using or managing an access medium with a promise to receive, demand or promise the consideration.

Nevertheless, on March 12, 2020, the Defendant sent a physical card from a person who has no name to the name of the Defendant.

State will provide loans through foreign banks after working on the result of transactions abroad.

On March 16, 2020, after receiving a proposal to the effect that “,” it was accepted, and sent to the person in whose name it was named, at the Preamdong post office located in the B bank account (number C) in the name of the Defendant at the Jungdong post office located in Daejeon Jung-gu Daejeon Daejeon on March 16, 2020, one copy of the C Card, which is an access medium connected to the B bank account (number C).

As a result, the Defendant promised to return the intangible expected interest to receive future loans in return for the future and lent the access media to the name influence.

Summary of Evidence

1. Application of Acts and subordinate statutes to the details on the transfer of damage amount to the Defendant’s authentic statement D, the statement on the entry into and departure from the criminal account, the Kakao Stockholm conversation, and the entry into and departure from the account;

1. Relevant legal provisions and Articles 49(4)2 and 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 202) on criminal facts and the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 202)

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of punishment by law: Imprisonment with prison labor for not more than three years;

2. Sentencing [Determination of Type] General Crimes [Type 1] No person [ nor person subject to special sentencing] [the territory of recommendation and the scope of punishment], basic area of imprisonment with labor for April to October.

3. Circumstances that are disadvantageous to the defendant: The physical card that the defendant lent to a person without the name of the defendant eventually caused fraud by being used for the phishing crime.

Even in 2015, the defendant was given compensation and lent a passbook and a check card, but was given a summary order of KRW 2 million due to the violation of the Electronic Financial Transactions Act.