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(영문) 대구지방법원서부지원 2020.10.15 2020고단708
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four 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

In using and managing a means of access, no one shall lend the means of access while receiving, demanding or promising compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, the defendant can provide a loan of KRW 10 million from a person who has misrepresented the lending company's staff.

However, the automatic transfer should be made in preparation for arrears, and the loan will be made after the completion of the automatic transfer on the face of the main delivery of the check card.

“As agreed to the purport, on December 19, 2019, the C Bank in Seogu, Daegu-gu sent to F a copy of the C Bank Account (E) connected to the Defendant’s name and sent it to F by way of delivering a copy of the C Bank Account under the name of the Defendant.

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. Application of the Acts and subordinate statutes on the statement of the police to G, a copy of investigation report (F telephone conversations for reference witness), Kakao Stockholm dialogue, account transfer photographs, provision of financial transaction information, and Kakao Stockholm dialogue;

1. Relevant legal provisions and Articles 49(4)2 and 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 202) concerning criminal facts;

1. The act of lending the means of access for electronic financial transactions on the grounds of sentencing under Article 62(1) of the Criminal Act can be used as a means of crime undermining the security and reliability of electronic financial transactions and other crimes. Therefore, the crime is not good, and the means of access leased by the defendant was actually used for the crime of fraud.

However, there is no record of criminal punishment, the defendant's age, character and conduct, environment, family relationship, means and result of the crime of this case, and the circumstances after the crime are committed.

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