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(영문) 대구지방법원 서부지원 2021.03.24 2019고단3253
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall lend any electronic financial transaction access medium with the promise to make a price.

Nevertheless, the Defendant, upon receiving a communication from a person whose name is unknown to the effect that “on the face of sending a physical card, the Defendant would send a cultural merchandise coupon equivalent to KRW 50,000 per head of the physical card”, and agreed to receive the above cultural merchandise coupon in return for lending the Defendant’s physical card and its password.

On October 12:30 on October 10, 2019, the Defendant promised to receive cultural merchandise coupons equivalent to KRW 50,000,00 in Daegu-gu C Hospital, Daegu-gu, to deliver one copy of the physical card connected to the account under the name of the Defendant to a person with no knowledge of the name of the Defendant, and notified the password as a Kakao Stockholm Stockholm message. On the same day, around 15:00 on the same day, the Defendant promised to receive cultural merchandise coupons equivalent to KRW 50,00,00, and sent one copy of the physical card connected to the F account under the name of the Defendant to a person with no knowledge of the name of the Defendant, and the password was known to a Kakao Stockholm Stockholm message.

As a result, the Defendant promised to pay through two times, and lent the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on the details, such as the details of transactions of deposits and withdrawals;

1. Article 49(4)2 and Article 6(3)2 of the Act on the Private Transactions and Electronic Financial Transactions (amended by Act No. 17297 of May 19, 202) regarding criminal facts; the selection of imprisonment, etc.

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that a mistake is recognized and reflected, and that there is no profit from the crime of this case);

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