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(영문) 대구지방법원서부지원 2020.11.18 2020고단1560

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

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 March 25, 2020, the Defendant received a proposal from a name-free person who misrepresented the lending company's staff member and accepted it, and then delivered a physical card connected to the company bank account (B) in the name of the Defendant at the post office located in 1 Dong, Seo-gu, Daegu-gu, by means of registered mail to the name-free person.

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 C by the police;

1. Report on internal investigation (verification of the account number of corporate banks in the A name);

1. Application of the details of text messages and the Acts and subordinate statutes to notify data on financial transactions;

1. Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297 of May 19, 202), the pertinent provision on criminal facts, and the choice of imprisonment with labor

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 strict punishment as an act assisting another crime, such as the crime of Bosing fraud, etc., considering the circumstances unfavorable to the Defendant, such as the fact that the cream card and the account of the Defendant connected thereto leased by the Defendant was actually used in the crime of Bosing fraud, the fact that the Defendant recognized the facts of the crime and appears to have divided, and that there was no record of criminal punishment exceeding the fine, etc., shall be determined as per Disposition