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(영문) 대구지방법원 서부지원 2020.04.22 2019고단3538
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 a means of access, no one shall lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on September 23, 2019, the Defendant heard the phrase “a request to send a e-mail card so that 4 million won can be withdrawn at the monthly interest rate of 3%,” from the person who was not the deceased person’s name, and on the same day, at the “C” delivery company located in the 1st floor of Daegu-gu, Daegu-gu, Seoul-gu, one copy of the e-mail card connected to the D Securities (E) account under the name of the Defendant, issued Kwikset service article to the person who was not the deceased person, and notified the password of the above account to the Kakao Stockholm message.

As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes concerning financial data meetings and Kakao dialogues;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts 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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