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(영문) 대구지방법원 2020.05.26 2020고단872

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

With respect to the use and management of a means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in exchange for compensation, demand or promise, unless otherwise expressly provided for in any other Act.

Nevertheless, the Defendant: (a) received a proposal from a person under whose name the advertising was made for high-profit arb, that “to pay for 10% of the amount of money used in return for an account to be used for filling sports earth charging; (b) around November 14, 2019, the Daegu Suwon-gu C Bank located in the name of the Defendant, sent a physical card card (E) and a password connected with the D bank account in the name of the Defendant to the name unrecogn; and (c) lent the means of access used in electronic financial transactions to the name uncognor.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes concerning transfer receipt and conversation;

1. Relevant Article 49 (4) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense and Articles 6 (3) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of offenses in violation of the Electronic Financial Transactions Act [Type 1] and the absence of general crimes [the scope of recommendations and recommendations] [the scope of recommendations and recommendations] basic area, April to October;

2. Determination of sentence: (a) comprehensively taking into account the following circumstances and the Defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the commission of the commission, circumstances after the commission of the commission of the commission, etc.; and (b) the conditions of various sentencing as shown in the argument of the instant case:

Unfavorable circumstances: The act of lending the means of access would impair the stability and reliability of electronic financial transactions, and the means of access can be used for other crimes, such as singing, so the responsibility for such crimes is not less complicated.

In fact, the means of access lent by the defendant is a fraud crime related to licensing.