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(영문) 대구지방법원 2020.06.23 2020고단2019
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, around November 12, 2019, the Defendant received a proposal from a person without his name, to the effect that he will lend a physical card three days after examining the delivery of the card to obtain a loan, and then accepted the proposal, and then sent a copy of the physical card connected to the B (C) account in the name of the Defendant at the Daegu-gu Northerndong Post Office located in 16-ro 15-gil-ro, Daegu Northern-ro, Daegu-ro, 16-ro.

As a result, the Defendant promised to pay for, lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes on details of response to financial information;

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. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The scope of recommendations according to sentencing guidelines [decision of types] the general crime [Class 1] and mitigation elements of crimes in violation of the Electronic Financial Transactions Act: Where there exist particularly extenuating circumstances in relation to the commission of crimes or motive for crimes (the scope of recommendations and recommendations], the area of mitigation of punishment, and one to six months of imprisonment;

2. Determination of sentence: (a) comprehensively taking into account the following circumstances and the Defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the commission of the commission, circumstances after the commission of the commission of the commission, etc.; and (b) the conditions of various sentencing as shown in the argument of the instant case:

Unfavorable circumstances: The act of lending the means of access would impair the stability and reliability of electronic financial transactions, and the means of access can be used for other crimes, such as singing, so the responsibility for such crimes is not less complicated.

The defendant actually lent.

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