logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원서부지원 2020.08.07 2019고단3242
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

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, on March 2019, the Defendant received a proposal that “the forwarding of a physical card linked to the Defendant’s account for lending interest and payment, etc.” from a person who was not his/her name at the end of time, and accordingly, around April 2, 2019, around 16:00, at the Defendant’s office located in Daegu, one copy of the physical card connected to the Defendant’s bank account in his/her name (D) before the Defendant’s office located in Daegu, Kwikset and notified the person who was not his/her name.

As a result, the Defendant promised to provide a means of access in return for an intangible expected profit to receive future loans, and lent it to a person who is named in bad faith.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Certificates of the results of the transfer management of CF and the details of the Kakao Stockholm dialogue;

1. Reports on internal investigation (limited to the submission of a detailed statement of deposit transactions submitted later by the victim), a detailed statement of deposit transactions, output of electronic mail, details of financial transactions, customer information;

1. Application of the Acts and subordinate statutes on investigation reports (Attachment to the suspect A-Submission Kakao Stockholm dialogues) and the Kakao Stockholm dialogue details;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the choice of imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (The confession and reflection of the defendant, and the points and circumstances, etc. that there is no benefit from the crime in this case);

arrow