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(영문) 대구지방법원 2020.02.12 2019고단4952
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four 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

No person shall, in using and managing a means of access, such as an electronic card used in electronic financial transactions and other similar electronic information, certificate, password, etc., borrow or lend a means of access while demanding or promising to receive compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, around March 4, 2019, the Defendant received a proposal from his name-free business owner to the Kakakakao Messen from his name-free business owner to the Kakao Meso Messenger’s Messenger’s Messen’s Messen’s Messen’s Messen’s Messen’s Messen’s Messen’s Messen’s Messen’s Messen’s Messen’s Messen’s Messen’s Messen’s Messen’s Messen’s Messen’s Messen’s Messen’s Messen’s Messen’s Messen’s Messen’s Mes.

As a result, the Defendant promised to pay for, lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. A statement prepared by the F;

1. Payment receipt;

1. Details of account transactions;

1. Application of the laws and regulations on the contents of Kakao Stockholm messages

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

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

1. Selection of imprisonment with prison labor chosen;

1. In full view of all the circumstances, such as the confession of the defendant for sentencing under Article 62(1) of the Criminal Act and the fact that there is no record of criminal punishment, and the importance of legal interests infringed upon by the crime of this case, the sentence as ordered shall be imposed on the defendant.

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