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(영문) 대구지방법원서부지원 2020.10.14 2020고단1121
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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 the means of access, no one may borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in other Acts.

Nevertheless, on January 21, 2019, the Defendant listened to the statement that “I will lend KRW 1,00,000 to a person who was not the deceased person, and will withdraw interest each month with that person’s physical card if he sent it.” On the Defendant’s home located in Daegu-gu B apartment C, the Defendant sent Kwikseter service articles who sent the deceased person’s name from the Defendant’s new bank account in the name of the Defendant’s name. The Defendant sent Kwikseter service articles with one string card connected to the new bank account in the name of the Defendant. The Defendant sent Kwikseter service articles with one string and the password.

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 to E by the police;

1. Data to be submitted to victims - Details of transactions, Kakao Stockholm dialogues, and the application of statutes governing financial information reply data;

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, requires strict punishment as an act assisting another crime, such as the singishing fraud, and the fact that the cream card and the Defendant’s account linked thereto was actually used for the singishing fraud, and that part of the money deposited in the account in the judgment of the Defendant was used for an individual purpose, etc. are considered as disadvantageous to the Defendant. The Defendant appears to have committed a crime, and the Defendant was punished in excess of the fine.

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