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(영문) 대구지방법원 서부지원 2020.06.25 2020고단266
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

No one shall lend any means of access to electronic financial transactions while promising such consideration.

Nevertheless, on November 13, 2019, the Defendant received a proposal from a person whose name is unknown to the effect that he/she will grant a loan to up to 15 million won through loan screening, and consented thereto. On the same day, the Defendant sent a physical card connected to the Defendant’s name D (E) to a person with no known name using Kwikset-based service, and sent the password to the Kakao Stockholm message.

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 of the police statement concerning F;

1. Application of Acts and subordinate statutes on the electronic financial transfer results, a written confirmation of account transfer, a detailed statement of account transaction, relevant data of withdrawal point, and Kakao

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. Article 62 (1) of the Criminal Act suspended execution (see, e.g., Article 62 (1) of the Criminal Act that the defendant recognized the crime of this case and is expected not to repeat again, and considering that the defendant has no specific penal power, in addition to a fine imposed once in around 2019);

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