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(영문) 대구지방법원서부지원 2020.10.16 2020고단530
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 provide any means of access used to make a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction with or promise to provide or receive any consideration therefor.

Nevertheless, on December 20, 2019, the Defendant received a proposal from a name-free person who misrepresented the lending company’s staff and consented to “to execute a loan if sending a physical card,” and then delivered two physical cards connected respectively to the Cbank account (D) and E Bank account (F) under the name of the Defendant in the Daegu-gu, Daegu-gu, his residence.

Accordingly, the Defendant promised to lend the means of access for electronic financial transactions.

Summary of Evidence

1. Application of the defendant's legal statement transfer details, investigation of and reporting on new data on financial transaction information (A submission of data);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the confession, reflection, and the first offender, and the fact that there is no benefit from the crime in this case);

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