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(영문) 대구지방법원 2020.05.06 2019고단5948
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 August 26, 2019, the Defendant issued a proposal to the effect that “the Defendant would lend a physical card to a liquor company,” and consented to it, and then sent a copy of the physical card connected to the B bank account under the name of the Defendant, using the home-based service at a place where the location cannot be known at that time.

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 prepared in D;

1. A specification of transactions;

1. Application of the Kakao Stockholm statutes

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. In full view of the following circumstances: (a) the reason for sentencing under Article 62(1) of the Criminal Act, including the confession of a criminal defendant; (b) there is no record of criminal punishment; (c) the importance of legal interests infringed upon by the criminal act of this case; and (d) the age, circumstances leading to the criminal act; and (e) the circumstances after the criminal act, the

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