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(영문) 대구지방법원서부지원 2020.09.24 2020고단523
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

No one shall provide any means of access used to make a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction with or promise to provide or receive any consideration therefor.

Nevertheless, around November 26, 2019, the Defendant received a proposal from a person who had misrepresented himself/herself as a member of a lending company and consented to the purport that he/she would execute a loan if he/she sent the e-mail card, and then delivered one e-mail card connected to the d bank account in the name of the Defendant in the Daegu-gu, Daegu-gu, and C, his/her residence, using Kwikset Service.

Accordingly, the Defendant promised to lend the means of access for electronic financial transactions.

Summary of Evidence

1. Application of the police's statement transfer details, reply to financial transaction information, and copy of passbook Acts and subordinate statutes to the defendant's statement F;

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. The act of lending the means of access for electronic financial transactions on the grounds of sentencing under Article 62(1) of the Criminal Act can be used as a means of crime undermining the security and reliability of electronic financial transactions and other crimes. Therefore, the crime is not good, and the means of access leased by the defendant was actually used for the crime of fraud.

However, the punishment as ordered shall be determined in consideration of all the sentencing conditions shown in the arguments of this case, such as the defendant's confession of the crime of this case and the mistake is divided, there is no record of punishment for the same kind of crime, and there is no record of punishment exceeding the fine, and the defendant's age, character and conduct, environment, family relationship, means and result of the crime, and circumstances after the crime.

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