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(영문) 대구지방법원서부지원 2020.10.16 2020고단540

전자금융거래법위반

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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 December 22, 2019, the Defendant received a proposal from a name-free person who misrepresented the lending company's staff and consented to the purport that "to execute a loan if sending the e-mail card," and then delivered e-mail card 2 to the name-free person using Kwikset-si building B, the e-mailed D Bank account (E) and F Bank account in the name of the Defendant in the name of the Defendant at the time.

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

Summary of Evidence

1. The defendant's legal statement and the details of account transactions, and the application of text messages to Acts and subordinate statutes;

1. Articles 49(4)1 and 6(3)1 of the former Electronic Financial Transactions Act concerning criminal facts (amended by Act No. 17297, May 19, 202)

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

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act, such as the fact that the defendant has no record of punishment and confession and reflects, and that there