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(영문) 대구지방법원 2020.11.18 2020고단2718
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

No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access in receiving, demanding or promising compensation.

Nevertheless, on October 2019, the Defendant heard the horses that “the Defendant sent the account number, password, and OTP device, etc. necessary for lending the loan,” from a person who was missing from his name, and around that time, sent Kwikset service to B’s account number and password, an authorized certificate, password, and an OTP device connected to the above account.”

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. Application of Acts and subordinate statutes on the transfer of the written statement E in the Defendant’s statutory statement to the Kakao dialogue;

1. Relevant Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act (wholly amended by Act No. 17297, May 19, 2020);

1. In full view of the following circumstances: (a) the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant is led to the confession of the crime; (b) the same criminal records do not exist; (c) the importance of legal interests infringed upon by the crime of this case; and (d) the age, occupation, circumstances leading to the crime; (d) the specific form of the crime; and (e)

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