beta
(영문) 대구지방법원서부지원 2020.10.21 2020고단1876

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became 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, around December 31, 2019, the Defendant received a proposal from a name-free person who misrepresented the lending company's staff and consented to the purport that "if you send a e-mail card, you will execute the loan", and then delivered one e-mail card connected to the Defendant's account in the name of the Defendant in the Daegu-gu Seo-gu B through Kwikset Service.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Details of transfer and application of Acts and subordinate statutes governing text messages;

1. Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act (amended by Act No. 17297 of May 19, 202) regarding criminal facts, the choice of imprisonment for a crime, and the choice of a sentence

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., the fact that wrongs are recognized and rebuttals, and that there is no profit from the crime of this case);