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(영문) 대구지방법원 서부지원 2020.05.27 2019고단3091

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 lend any means of access to electronic financial transactions while promising such consideration.

Nevertheless, around August 19, 2019, the Defendant received a proposal from a person whose name is unknown to the effect that “the Defendant will increase the credit rating by repeatedly sending and withdrawing physical cards, and will prohibit him from sending interest and principal with that physical card,” and then, accepted it, and then sent a copy of the physical card linked to the Defendant’s name Csecurities Account (D) before Daegu-gu, Daegu-gu, and then sent it to a person whose name is unknown using Kwikset Service.

As a result, the Defendant promised to return a means of access to a person who is not aware of his/her name in return for an intangible expected interest of future loans.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the electronic financial transfer certificate, the provision of financial transaction information (A), the details of transactions, and the Kakao message statutes;

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

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 a strict punishment as an act to assist another crime, such as singishing fraud, and considering the circumstances unfavorable to the Defendant, such as the fact that the cream card and the account of the Defendant lent by the Defendant was actually used for singishing fraud, the fact that the Defendant recognized the facts of the crime and is divided, the fact that the Defendant did not have any record of punishment for the same crime, and that there was no record of punishment exceeding the fine, etc., the punishment as the order shall