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(영문) 대구지방법원 2020.06.17 2020고단159
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four 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 a means of electronic financial transactions in return for payment.

On May 23, 2019, the Defendant: (a) received a proposal that “In order to operate the distribution company as a corporate passbook due to tax issues, the Defendant would make transactions and return the card and password of the new bank and the Daegu bank after three days; and (b) 2.4 million won per one account of the head of the passbook.” (c) received the proposal that “D” in Daegu-gu, the Defendant issued two physical cards connected to the name of the Defendant from the new bank account in the name of the Defendant, and the Daegu bank account (E) and the Daegu Bank account (F) on a one-time basis.” (d) received the proposal that “The Defendant would pay KRW 2.4 million per one account of the head of the passbook.” (e) issued two physical cards connected to the name of the Defendant to the new bank account in the name of the Defendant in Daegu-gu, Daegu-gu.

Accordingly, the Defendant promised to receive compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the G production;

1. Personal data on financial transaction information;

1. Application of the Acts and subordinate statutes on reporting the occurrence of a loss (phishing fraud);

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. In full view of all the circumstances, such as the confession of the defendant for sentencing under Article 62(1) of the Criminal Act and the fact that there is no same criminal record, the importance of legal interests infringed upon by the crime of this case, and the circumstances leading to the crime, a sentence as ordered shall be sentenced to the defendant.

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