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(영문) 대구지방법원서부지원 2020.10.07 2020고단2094
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became 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 compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on December 10, 2019, the Defendant received a proposal from a person without his/her name to create a transaction performance and consented to the lending if he/she sent the check from a person without his/her name at a place where his/her address is unknown, and then sent a copy of the check to a person without his/her name via a delivery article in the name of the Defendant, and notified the password to the Kakao Stockholm.

As a result, the Defendant promised to provide a means of access in return for an intangible expected profit to receive future loans, and lent it to a person who is named in bad faith.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each written petition;

1. Application of the statutes governing requests for the provision of financial transaction information;

1. Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 202) concerning criminal facts, the choice of a sentence, and the choice of imprisonment

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., the fact that wrongs are recognized and rebuttals, and that there is no profit from the crime of this case);

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