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(영문) 대구지방법원 2020.09.09 2020고단1837

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

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 January 2, 2020, the Defendant received a proposal from a person without personal name to "be registered with the company and used to prohibit the payment of interest when the loan is in progress," and then accepted the proposal, and then sent a copy of the e-mail card connected to the B (C) account under the name of the Defendant to the person with no personal name, using the post office home line in the Gyeongnam Postal Handling Bureau located at the 76 Gyeongsan-si Gyeong-si Gyeong-si Gyeong, Busan-si.

As a result, the Defendant promised to pay for, lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's written statement in his/her statutory statement, the details of the D and the details of the Kakakao conversation (Attachment to a transfer statement);

1. Relevant Article 49 (4) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense and Articles 6 (3) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions;

1. In full view of the following circumstances: (a) the reason for sentencing under Article 62(1) of the Criminal Act, including the confession of a criminal defendant; (b) there is no record of criminal punishment; (c) the importance of legal interests infringed upon by the criminal act of this case; and (d) the age, circumstances leading to the criminal act; and (e) the circumstances after the criminal act, the