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(영문) 대구지방법원서부지원 2020.10.30 2020고단567
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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 the means of access, no one may borrow or 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 was not the deceased’s name to the effect that he would offer one million won if he sent a card connected to the bank account by means of text message, and consented thereto. On the same day, the Defendant sent one check card connected to the name in the name of the Defendant’s bank account (C) at the Seogu Daegu High Bus Terminal located in Daegu-gu, Daegu-gu, and sent one copy of the check card connected to the name in the name of the Defendant’s name (C) and notified the password by using the telegram message.

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 the Acts and subordinate statutes to each statement of the defendant's legal statement (number 2, 5, 8, 13, 15) and reply data on execution of a warrant of search, seizure and inspection;

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. Article 62 (1) of the Criminal Act on the stay of execution (including the fact that the defendant shows his/her attitude of confession and reflection, and that there has been no history of criminal punishment exceeding the fine until now);

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