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(영문) 대구지방법원 김천지원 2020.05.28 2020고단119
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four 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

No person shall, in using and managing a means of access used in electronic financial transactions, lend the means of access while receiving, demanding or promising any compensation therefor.

On October 1, 2019, the Defendant listened to the statement that he would make a loan by entering credit rating from a nameless person who assumes a false bank staff member, and around October 15, 2019, at a personal post office located in the Gu, Si, Gu, Si, si, Dong, Dong, Dong and Dong, Dong, Dong, Dong, Dong and Dong, Dong, Dong, Dong, Dong, Dong, Dong, Dong, Dong, Dong, Dong through line, sent a physical card connected to B bank account (C) in the name of the Defendant, and provided a password by telephone.

Accordingly, the Defendant loaned the means of access by demanding or promising compensation.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes concerning transfer transaction certificates, execution reply documents of a warrant of search, seizure and verification, and Kakao dialogue;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

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. Determination of the sentence has the record of having been sentenced to suspension of indictment for the same crime, the means of access to which the means of access has been used for the crime of fraud, there is no criminal record, and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the conditions of all kinds of sentencing as shown in the argument of this case, including the circumstances after the crime, shall be determined by taking into account

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