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(영문) 대구지방법원 2020.05.22 2020고단741
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.

On August 8, 2019, the Defendant received a proposal from a deceased police officer on his name, stating that he would borrow a loan after confirming the delivery of the physical card. In response thereto, on August 8, 2019, the Defendant sent a physical card connected to the bank account under the name of the Defendant, using Kwikset Co., Ltd., in front of the Seocho-gu, Daegu High Police Officer B apartment, and then sent a copy of the physical card to the deceased person under the name of the Defendant.

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. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes on certificates of financial transactions, statements of transactions, and letters of financial institutions;

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 suspended sentence shall be determined by taking into account the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and various conditions of sentencing as shown in the argument of this case.

In light of the fact that the act of transferring or lending the means of access under the Electronic Financial Transactions Act is not only detrimental to the security and reliability of electronic financial transactions, but also the means to facilitate other crimes, it is not likely to be a crime

The means of access provided by the Defendant was actually used in the crime and a lot of damages have occurred.

The favorable circumstances are confession and reflective.

There is no criminal record exceeding the same kind of power or fine.

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