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(영문) 대구지방법원 2020.10.14 2020고단2152
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

except that 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

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 October 18, 2019, the Defendant received a proposal from a name-free person to the effect that “a loan is not made because of a shortage of passbook balance, so that he will deposit money to the head of the Tong and transfer the money to another account, thereby raising the transaction performance.” At that time, the Defendant sent a copy of the check card connected to the name-free person in front of the Defendant’s residence located in Daegu Northern-gu B, Daegu, to the name-free person in front of the Defendant’s residence 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. Application of Acts and subordinate statutes to investigate and report the details of transactions in writing prepared D's legal statement, and data on financial transaction information to the defendant;

1. Relevant Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act (wholly amended by Act No. 17297, May 19, 2020);

1. In full view of all the circumstances, including the fact that the defendant is led to a confession of a crime, the fact that there is no same criminal record, the importance of legal interests infringed upon by the crime of this case, and the age, occupation, circumstances leading to the crime, and circumstances after the crime, the sentence as ordered shall be imposed on the defendant.

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