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(영문) 대구지방법원 2020.08.27 2020고단3687
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 engage in any act of lending any means of access while receiving, demanding or promising to receive compensation, unless otherwise expressly provided for in other Acts.

Nevertheless, on March 2020, the Defendant received a proposal from a name-free person who assumes a person in charge of lending who assumes a false name at the end of the month, stating that “I would get loans by accumulating credit rating, and if you send a physical card, I would like to accumulate the transaction performance.” On April 2, 2020, the Defendant sent a physical card connected to the Defendant’s name-free person’s agricultural bank account (B) from the name-free person who assumes a false credit rating.” On April 2, 2020, the Defendant sent one copy of the physical card connected to the Defendant’s name-free person.

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. Application of Acts and subordinate statutes to a copy of an investigation report, each written opinion, search, seizure and verification warrant;

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. Although the case is not exceptionally considered in light of the content of the crime, such as the means of access that the defendant transferred for the reason of sentencing under Article 62(1) of the Criminal Act is provided for the criminal act, the case is not subject to punishment as ordered by the defendant. However, the defendant, as a primary offender, appears to have a attitude to reflect the defendant's depth in committing the crime. Other circumstances, including the defendant's age, character and conduct, occupation and environment, occupation and environment, criminal records, motive, circumstance, method, and consequence of the crime, including the circumstances before and after the crime, are considered and the sentencing conditions

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