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(영문) 대구지방법원 2020.08.18 2020고단2497

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, around December 26, 2019, the Defendant received a proposal from a person without personal standing to the effect that he/she “in order to obtain a loan, he/she needs to obtain a loan,” and consented thereto, and around that time, he/she sent one physical card connected to the account under the name of the Defendant (D) by using Kwikset Service before the Defendant’s dwelling in Daegu-gu apartment site B, Daegu-gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the detailed statement of the deposit of damage amount, financial transaction information (A), investigation report (Attachment to Kakao Stockholm dialogue);

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. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The scope of recommendations according to sentencing guidelines [decision of types] the general crime [Class 1] and mitigation elements of crimes in violation of the Electronic Financial Transactions Act: Where there exist particularly extenuating circumstances in relation to the commission of crimes or motive for crimes (the scope of recommendations and recommendations], the area of mitigation of punishment, and one to six months of imprisonment;

2. Determination of sentence: (a) comprehensively taking into account the following circumstances and the Defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the commission of the commission, circumstances after the commission of the commission of the commission, etc.; and (b) the conditions of various sentencing as shown in the argument of the instant case:

Unfavorable circumstances: The act of lending the means of access would impair the stability and reliability of electronic financial transactions, and the means of access can be used for other crimes, such as singing, so the responsibility for such crimes is not less complicated.

In fact;