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(영문) 대구지방법원 서부지원 2021.01.15 2020고단1835
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall lend any access medium with a request or promise to receive compensation in using and managing the access medium.

Nevertheless, on February 6, 2020, the Defendant sent a e-mail card from a person without his/her name at a place where his/her address is unknown.

On the same day after receiving a proposal to the purport of "Skwikset service article who sent a physical card (D) connected to the Saemaul Treasury Account in the name of the defendant before the Busan Seo-gu apartment C, Busan, and sent it to Kkwikset service article who sent the name and the password to Kkset service article, and notified the Kakao Stockholm.

As a result, the Defendant promised to return the intangible expected interest to receive future loans in return for the future and lent the access media to the name influence.

Summary of Evidence

1. Ascertainment of remittance of a statement E in the Defendant’s legal statement, inquiry of customer information, and application of statutes on account transactions;

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, 2020 and enforced from August 20, 2020), Article 62(1) of the Criminal Act on the suspension of the execution of a sentence of imprisonment with prison labor for the crime (see, e.g., Article 62(4)2 of the Criminal Act), the pertinent provision on criminal facts, and Article 49(4)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297 of May 19, 2020)

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