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(영문) 대구지방법원서부지원 2020.08.19 2020고단652

전자금융거래법위반

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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 October 15, 2019, the defendant extended a loan of KRW 10 million from a person who is not injured with his name at a low interest rate of 3%.

If a personal loan company is not a general financial institution, and a personal card is sent and a password is notified, it is intended to deposit a loan of KRW 10 million with the account.

‘A’ hearing horses, around October 16, 2019, at an invited place in the elderly group, the head of Kwikset and one password connected to the B’s partnership account in the name of the accused were delivered to the person under the name of the accused through Kwikset Service Articles.

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. Statement made to D by the police;

1. Application of Acts and subordinate statutes on financial transaction information replys (B) by opening a account statement and cutting down a Kakao Stockholm conversation;

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. On the grounds of sentencing under Article 62(1) of the Criminal Act, the act of lending the means of access used in electronic financial transactions, such as the instant crime, as the crime of this case, requires a strict punishment as an act to assist another crime, such as singishing fraud, and considering the circumstances unfavorable to the Defendant, such as the fact that the cream card and the account of the Defendant lent by the Defendant was actually used for singishing fraud, the fact that the Defendant recognized the facts of the crime and is divided, the fact that the Defendant did not have any record of punishment for the same crime, and that there was no record of punishment exceeding the fine, etc., the punishment as the order shall