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(영문) 대구지방법원서부지원 2020.10.14 2020고단1102
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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

No person shall lend a means of access in the course of receiving, demanding or promising any compensation.

Nevertheless, around September 5, 2019, the Defendant agreed to the effect that “the Defendant will provide loans by accumulating the false transaction performance, if sending the e-mail card, etc.” from a name-free person who became aware of through the Internet B car page in Daegu and below Daegu, and the Defendant sent the above name-free person with the e-mail card that is linked to the Defendant’s name CFC account (D) via Kwikset Service Articles.

As a result, the Defendant promised to receive intangible expected gains from future loans and lent the means of access to a person who is not his/her name.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on damage;

1. Application of Acts and subordinate statutes to the Kakao Stockholm dialogue, data on financial transaction replies (A), deposit certificates, and data on replies, which are written confirmation of the results of the electronic financial transfer, the details of the conversation between the victim

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. On the grounds of sentencing under Article 62(1) of the Criminal Act, the act of lending the means of access used in electronic financial transactions, such as the instant crime, in light of the following: (a) it is necessary to strictly punish the act of aiding and abetting other crimes, such as singishing fraud; (b) the e-mail card and the account of the Defendant leased by the Defendant was actually used for the crime of singishing fraud; and (c) the Defendant had the record of the suspension of indictment as an act of aiding and abetting the Internet goods fraud by notifying his/her e-mail account to a person who has failed to know his/her name in 2019; and (d) the Defendant appears to have

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