(영문) 대구지방법원서부지원 2020.11.05 2020고단1017

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Reasons

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 대구지방법원서부지원 2020.11.05 2020고단1017

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six months.

except that 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 lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on November 2019, the Defendant listened to the phrase "a request to send a physical card so that he/she can use it for the repayment of interest and principal in lending KRW 6-7 million from the person who was not the deceased in the name of the police officer," and around November 18, 2019, he/she issued one physical card connected with the post office account (D) in the name of the Defendant in the name of the Daegu-gu building B and the post office account (D) in the name of the Defendant in the name of the Defendant before the Daegu-gu building and C around November 18, 2019, and notified him/her of the password of the above account 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. Defendant's legal statement;

1. Transfer statements of E and application of Acts and subordinate statutes on financial transaction information;

1. Relevant legal provisions and Articles 49(4)2 and 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 202) concerning criminal facts;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the means of access that the Defendant lent to him/her was actually used for the crime of fraud, and that the Defendant has been punished once by a fine for the same kind of crime.

However, the punishment as ordered shall be determined in consideration of all the sentencing conditions indicated in the arguments of this case, including the defendant's age, character and conduct, environment, family relationship, means and results of the crime of this case, and circumstances after the crime of this case, since the defendant led to the confession of the crime of this case and the mistake is deemed to have no profit acquired by the crime of this case, and there is no record of punishment exceeding the fine,

참조조문

-전자금융거래법 제6조 제3항 제2호

-전자금융거래법 제49조 제4항 제2호

-형법 제62조 제1항

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