beta
(영문) 대구지방법원 서부지원 2021.01.15 2020고단1790

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall lend any access medium with the receipt, request or promise of compensation.

Nevertheless, on December 29, 2019, the Defendant sent a e-mail card so that the Defendant may withdraw the interest of KRW 20,000,000,000,000 per annum from the person who was in the name of the deceased.

“C” hearing horses, around December 29, 2019, at a post office located in Pyeongtaek-gu, Daegu-gu, Daegu-gu, one copy of the physical card connected to the bank account (C) under the name of the Defendant, to be issued to the person in non-name, and to be notified of the password of the said account by telephone.

As a result, the Defendant promised to return the intangible expected interest to receive future loans in return for the future and lent the access media to the name influence.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of the Act and subordinate statutes on the certificate of transfer transaction, the Kakao Stockholm dialogue, and the reply data on financial transaction information;

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) on criminal facts, the pertinent provision of the Act and the former Electronic Financial Transactions Act on the Selection of Punishment, etc., Articles 49(4)2 and 6(3)2 of the same Act on the Selection of Punishment, etc.

1. The act of lending the access media used in electronic financial transactions, such as the instant crime, for the reason of sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act, requires strict punishment as an act assisting another crime, such as the singishing fraud, etc., under which the Defendant’s lending card and the Defendant’s account linked thereto was actually used for the singishing fraud, etc., considering the circumstances unfavorable to the Defendant. The Defendant appears to have recognized the facts of the crime and divided the facts of the crime, and the fact that there was no record of criminal punishment for the same kind of crime, etc., shall be determined as above in light