logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원서부지원 2020.11.26 2020고단1164
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than two 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, around June 25, 2019, the Defendant received a proposal from a name-free person who misrepresented the lending company's staff and consented to the purport that "on the face of sending a physical card, the Defendant will execute the loan." On the 27th day of the same month, the Defendant delivered two physical cards connected to the Daegu Bank's account (C) and the new bank's account under the name of the Defendant to the name-free person.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Details of transfer;

1. Text messages;

1. Application of Acts and subordinate statutes, such as account transactions;

1. Relevant Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts (a point of lending access media);

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 (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1248, Apr. 1, 2006) (1)

arrow