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(영문) 대구지방법원 안동지원 2020.06.02 2019고단839
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 becomes final and conclusive.

Reasons

Punishment of the crime

In using and managing a means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act.

Nevertheless, around July 2019, the Defendant received a proposal that “B” from a person who assumes the personal credit service provider and sent a e-mail card which enables confirmation as to whether to withdraw the loan,” by telephone, from the person who assumes the personal credit service provider, and then sent the e-mail card connected with the Defendant’s new bank account (number : E) around July 22, 2019, the Defendant informed the Kwikset service provider of the password’s password and the password to the Kakao Stockholm by delivering the e-mail card connected with the Defendant’s new bank account (number : E).

As a result, the Defendant promised to receive a future loan in return for the intangible expected interest, and lent a means of access for electronic financial transactions to a person who is not aware of his name.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to a request for provision of financial transaction information in the principal's financial transaction, search, seizure, verification warrant (2019-2107), and reply to such request;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: Imprisonment with labor for one month to three years;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of offenses in violation of the Electronic Financial Transactions Act [Type 1] and the absence of general crimes [the scope of recommendations and recommendations] [the scope of recommendations and recommendations] and the basic area of punishment, April 1 to October.

3. The lending of the means of access, such as this case, will be abused for offenses that have great social harm, such as tax evasion, gambling, telephone financial fraud, etc.

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