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(영문) 대구지방법원서부지원 2020.09.03 2020고단165
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, 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

No one shall lend any means of access to electronic financial transactions while promising such consideration.

Nevertheless, around June 2019, the Defendant received a proposal from a person whose name is unknown to the effect that he/she will provide loans of up to three million won if he/she sent a physical card to pay principal and interest to him/her, and consented thereto. On June 2019, the Defendant sent a physical card connected to the Defendant’s name C (D) to a person with no known name using Kwikset’s services and sent the password to a Kakao Stockholm message.

As a result, the Defendant promised to return a means of access to a person who is not aware of his/her name in return for an intangible expected interest of future loans.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement, investigation report (Attachment of materials for response to financial institutions) and C reply materials attached thereto;

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. Article 62 (1) of the Criminal Act;

1. The act of lending the means of access for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act can be used as a means of other crimes because the safety and reliability of electronic financial transactions can be harmed and used as a means of other crimes is disadvantageous to the Defendant.

However, the punishment as ordered shall be determined in consideration of all the sentencing conditions shown in the arguments of this case, including the fact that the defendant led to the crime of this case and the mistake is divided, that there is no benefit from the crime of this case, and that there is no benefit from the crime of this case.

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