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(영문) 대구지방법원 2020.09.09 2020고단1479
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

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 September 23, 2019, the Defendant received a proposal from a person who has no name, to the effect that “a loan will not be made because there is a large number of loans. It is possible to create a lending limit to the head of a Tong. It is possible to deposit money from a bank to the head of a Tong, and then raise the transaction performance and make the loan with the data.” On the following day, the Defendant sent a copy of the check card connected to the account in the name of the Defendant at the Daegu-dong post office located in 74, Daegu-dong, Daegu-dong, Daegu-dong, Seoul-dong, Inc., 19.

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

Summary of Evidence

1. Application of Acts and subordinate statutes to a police statement on the defendant's legal statement E, such as C Bank Account Transaction Report;

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

1. In full view of the following circumstances: (a) the reason for sentencing under Article 62(1) of the Criminal Act, including the confession of a criminal defendant; (b) the absence of the same criminal records; (c) the importance of legal interests infringed upon by the criminal act of this case; and (d) the age, circumstances leading to the criminal act; and (e) the circumstances after the criminal act

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