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(영문) 대구지방법원 2020.08.12 2020고단3076
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for a period of five 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 the means of electronic financial transactions, no one may lend the means of access while promising any consideration, unless otherwise specifically provided for in any other Act.

On October 17, 2019, the Defendant: (a) proposed on October 17, 2019, that “if the Defendant sent a physical card, he would have the credit rating after accumulating the transaction performance by piling up the credit rating; and (b) sent the physical card connected to the Defendant’s name corporate bank account (C) at the Daegu Seo-gu Sungdong-gu sexual post office, which sent the physical card to the Defendant’s name corporate bank account; and (c) notified the password by telephone.

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. Copy of the police statement concerning D;

1. A written confirmation of the results of the transfer of electronic finance, customer basic information inquiry, and statement of transactions by account;

1. Details of the Kakao Stockholm messages;

1. Application of Acts and subordinate statutes to a police internal investigation report (Attachment of Account Transaction Details of E F);

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with labor for one month to three years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of type] [Type 1] general crime [special person] - mitigated element: Where there are particularly extenuating circumstances in the commission of a crime or motive for a crime [the scope of recommending area and the recommended sentence] mitigation area], imprisonment with prison labor for one month to six months [the general person] - where there is no actual amount of profit or minor amount of profit, or where there is no serious reflective circumstance [the reason for suspension of execution] - Where there is a reason for special consideration in the commission of a crime or motive for a crime, it is serious that there is no criminal conviction above suspension of execution.

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