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(영문) 대구지방법원 서부지원 2020.04.27 2019고단3527
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 one shall lend any means of access to electronic financial transactions while promising such consideration.

Nevertheless, around August 23, 2019, the Defendant received a proposal from a person whose name is unknown to the effect that “to provide a loan after raising credit rating by accumulating the results of entering and withdrawing a physical card,” and consented thereto. On the same day, around 17:10 on the same day, the Defendant sent a physical card connected to the Defendant’s bank account (D) to a person whose name is unknown, and sent the password to the Kakao Stockholm message.

As a result, the Defendant promised to return a means of access to a person who is not aware of his/her name in return for an intangible expected interest of future loans.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of the statutes on the details of financial transaction information, replys and Kakao Stockholm letters;

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 choice of imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., the fact that wrongs are recognized and rebuttals, and that there is no profit from the crime of this case);

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