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(영문) 대구지방법원 서부지원 2020.06.17 2020고단526
전자금융거래법위반
Text

Defendants shall be punished by imprisonment for six months.

However, for one year from the date this judgment became final and conclusive as to the Defendants.

Reasons

Punishment of the crime

1. No person who intends to make a transaction request in electronic financial transactions or lend a means of access used to secure the authenticity and accuracy of users and the details of such transaction in receiving, demanding or promising the payment;

Nevertheless, on November 11, 2019, the Defendant received a proposal from a person who had misrepresented the lending company's staff and accepted it to the effect that "to execute a loan if sending the e-mail card," and then delivered a e-mail card connected to the Defendant's account under the name of the Defendant at L-3 Dong post office of Pyeongtaek-gu, Daegu-gu, 279, using a one copy of the e-mail card connected to the Defendant's account under the name of the Defendant.

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

2. No person who is accused B shall issue a transaction request in electronic financial transactions or lend a means of access used to secure the authenticity and accuracy of users and the details of such transaction in receiving, demanding or promising the payment;

Nevertheless, on November 2019, the Defendant received a proposal from a person who had misrepresented himself/herself as a member of a lending company and accepted it to the effect that he/she would execute a loan if he/she sent a physical card, and then delivered a physical card connected to C(E) under the name of the Defendant at the Sung-gun, Sung-gun, Sung-gun, Sung-gun, Sung-gun, Sung-gun, Sung-gun, Sung-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun,

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

Summary of Evidence

1. Defendants’ legal statement

1. A written statement;

1. Application of Acts and subordinate statutes on details of financial transactions, replys and writing messages;

1. Relevant Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act and the Defendants’ choice of punishment for criminal facts

1. The defendants in a suspended sentence are admitted to and against the error of Article 62 (1) of the Criminal Code.

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