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(영문) 대구지방법원서부지원 2020.10.14 2020고단664
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than three 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

In using and managing a means of access, no one shall lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, around December 27, 2019, the Defendant received text messages from a person in bad name to pay KRW 3 million on the face of the lending of the account,” and sent the Defendant’s account number, account number, and account number, etc. to the above person in bad name via the Kakao Stockholm (IDB) message. On December 29, 2019, the Defendant issued a personal check card connected to the above national bank account in Daegu-gu, Daegu-gu, Seoul, where the Defendant’s residence was the Defendant’s residence, through Kwikset service article.

As a result, the defendant promised to pay compensation and lent the means of access to his name in return.

Summary of Evidence

1. Defendant's legal statement;

1. E’s written petition;

1. Application of Acts and subordinate statutes on the screen of deposit certificates, replies to financial transaction information, mobile phone text messages;

1. Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297 of May 19, 202), the pertinent provision on criminal facts, and the choice of imprisonment with labor

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 instant crime, needs to be strictly punished as an act assisting another crime, such as the singishing crime, etc., considering the circumstances unfavorable to the Defendant, such as the fact that the cream card leased by the Defendant and the Defendant’s account connected thereto was actually used for the singishing crime, and considering the fact that the Defendant recognized the facts of the crime and is divided, and the first offender, etc. favorable to

In addition, the records and arguments of this case, such as the age, character and conduct, environment, family relationship, family environment, circumstances after the crime, etc. of the defendant.

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