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(영문) 대구지방법원 서부지원 2020.04.09 2019고단2446

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for not less than three 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

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.

Around May 2, 2019, the Defendant sent three physical cards connected to the Defendant’s name bank account (D) bank account, corporate bank account (E), and FF bank account (G), and sent three copies of the CF card to his name in the Daegu post office located in Daegu, Daegu, Daegu, 65 on May 7, 2019, where it is difficult for the Defendant to extend credit loans to KRW 35 million with the business credit extended to the employees of the Republic of Korea. In addition, the Defendant sent three copies of the CF card connected to the FF account as the registration, and then, notified the Defendant of the password of the password’s personal identification number.

As a result, the Defendant promised to provide a means of access in return for an intangible expected profit to receive future loans, and lent it to a person who is named in bad faith.

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. Application of Acts and subordinate statutes concerning the screen of Kakakao dialogue, certificates of deposit transaction records, provision of financial data, account transaction details, deposit withdrawal details, details of transactions, and Kakao Stockholm dialogue;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act suspended execution (see, e.g., Article 62 (1) of the Criminal Act that the defendant admits the crime of this case and does not repeat again, and considering that the defendant has no criminal records of the crime subject to punishment or heavier punishment than suspended execution);