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(영문) 대구지방법원 서부지원 2020.07.22 2020고단195
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 any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on November 6, 2019, the Defendant listened to the phrase “a request to send a physical card so as to verify whether it becomes a credit for lending KRW 40 million from a person who was not the deceased person’s name.” On the same day, the Defendant sent a physical card to a person who was not the name, via Kwikset Service Articles, connected with the Sukset Account (C) in front of Daegu-gu, Seo-gu, Seoul, and notified the password of the said account to Kwikset messages.

As a result, the Defendant promised to provide a means of access in return for an intangible expected profit to receive future loans, and lent it to a person who is named in bad faith.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of a written confirmation of account transfer and a new Act and subordinate statutes governing financial transaction information;

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. On the grounds of sentencing under Article 62(1) of the Criminal Act, the act of lending the means of access used in electronic financial transactions, such as the instant crime, as the crime of this case, requires a strict punishment as an act to assist another crime, such as singishing fraud, and considering the circumstances unfavorable to the Defendant, such as the fact that the cream card and the account of the Defendant lent by the Defendant was actually used for singishing fraud, the fact that the Defendant recognized the facts of the crime and is divided, the fact that the Defendant did not have any record of punishment for the same crime, and that there was no record of punishment exceeding the fine, etc., the punishment as the order shall

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