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(영문) 대구지방법원서부지원 2020.11.19 2020고단1180

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall provide any means of access used to make a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction with or promise to provide or receive any consideration therefor.

Nevertheless, on January 13, 2020, the Defendant received a proposal from a name-free person who misrepresented the lending company’s staff and consented to “to execute a loan if sending a physical card,” and then delivered a physical card connected to the B bank account (C) in the name of the Defendant at the post office located in the Chungcheong City.

Accordingly, the Defendant promised to lend the means of access for electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Details of transfer of D's written statements and application of Acts and subordinate statutes on response to financial transaction information;

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) concerning criminal facts;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the means of access that the defendant lent to him/her was actually used for the crime of fraud, and that the defendant has a record of being sentenced to suspension of indictment on or around 201 for the same crime.

However, in light of the fact that the defendant led to the crime of this case, and the mistake is divided, there is no benefit from the crime of this case, and the defendant's age, character and conduct, environment, family relationship, means and result of the crime of this case, and all the sentencing conditions shown in the arguments of this case, such as the circumstances after the crime, the punishment as ordered shall be