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(영문) 대구지방법원 2020.05.20 2019고단5959
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 September 6, 2019, the Defendant received a proposal from an unqualified person to the effect that he would offer a loan if he sent a physical card to repay the principal and interest of the loan, and consented thereto, and then sent a copy of the physical card connected to the B’s account under the name of the Defendant by using the registration at the post office located in the new-dong-dong, Daegu-gu, Daegu-gu, and then sent it to the name weak person by using the registration at the post office.

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. Application of Acts and subordinate statutes to the certificate of confirmation of transfer and the reply letter;

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 all the circumstances, such as the fact that the defendant for the reason of sentencing under Article 62(1) of the Criminal Act leads to the confession of the crime, the fact that there is no record of the crime subject to punishment, and the importance of legal interests infringed upon by the crime of this case, the sentence as ordered shall be

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