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(영문) 대구지방법원안동지원 2020.09.22 2020고단193
전자금융거래법위반
Text

The sentence of sentence against the defendant shall be suspended.

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 January 3, 2020, the Defendant: (a) received a proposal from a person whose name the name “B team leader” was misrepresented to provide a loan from a person whose name was not known; (b) received a proposal and consented to “the delivery of the physical card that does not have any balance to make the transaction details; and (c) then sent a physical card connected to the name of the Defendant to Kwikset service article who sent it by a person whose name was not known; and (d) notified Kwikset service article of the password number by telephone.

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. Statement of the police concerning F of the defendant's legal statement;

1. Application of a certificate of transfer confirmation (16 pages of investigation records) and the Acts and subordinate statutes governing seizure warrant data replys;

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 selection of fines;

1. Penalty fine of 2,00,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59(1) of the Criminal Act of the suspended sentence (see, e.g., Article 59(1) of the Criminal Act (see, e.g., the fact that the Defendant appears to recognize and reflect his/her criminal act; that the account was used to commit a fraud but suspended payment; that damage can be recovered to a certain extent;

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