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(영문) 대구지방법원서부지원 2020.11.17 2020고단1105
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four 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 January 20, 2020, the Defendant received a proposal from an unsatisf in the name of the first police officer to the effect that he would have extended loans by sending a card connected to the bank account at zero won and raising credit rating on the face of the bank account. On the 2th of the same month, the Defendant sent one credit card to the delivery officer of Kwikset who sent the non-satisf in the name of the Defendant to the D Bank (E) account in the name of the Defendant in the fifth floor of Daegu-gu Office B building at around the 5th of the same month, and notified him of the credit card password by telephone.

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. Application of Acts and subordinate statutes on transfer of the defendant's written petition and statement in F, and financial transaction information;

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. Article 62 (1) of the Criminal Act on the stay of execution (including the confession and reflect of the defendant and there is no record of criminal punishment, and the fact that there is no benefit from the crime of this case);

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