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(영문) 대구지방법원 서부지원 2021.01.14 2020고단2233

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 March 11, 2020, the Defendant received a proposal to the effect that, if he sent a e-mail card from a person without his name at a place where his address is unknown, the Defendant would create a transaction performance and offer a loan. On the same day, the Defendant sent the e-mail card (C) connected to the B account in the name of the Defendant at Jung-ri post office located in 148, Seo-gu, Daegu, Seo-gu, Seo-gu, Seo-gu, Seoul, and sent the e-mail (C) to the person with no name, and notified the password 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. A statement of transfer of a copy of the police statement made to D, and the application of a search and seizure inspection warrant to A account reply statute;

1. Relevant legal provisions and Articles 49(4)2 and 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 202) on criminal facts and the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 202)

1. The act of lending an access medium for electronic financial transactions on the grounds of sentencing under Article 62(1) of the Criminal Act under the suspension of execution can be used as a means of another crime because it damages the safety performance reliability of electronic financial transactions and can be used as a means of other crimes. Therefore, the nature of the crime is not good, and the Defendant’s lending medium was actually used for fraud.

However, the punishment is determined as ordered by taking into account all the sentencing conditions shown in the arguments of this case, such as the defendant's confession of the crime of this case and the mistake is divided, the fact that there is no record of criminal punishment, and the defendant's age, sex, environment, family relationship, means and result of the crime, etc.