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(영문) 대구지방법원서부지원 2020.12.15 2020고단1833
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 April 1, 2020, the Defendant received a proposal to the effect that “When sending a e-mail card, the Defendant would give a loan after raising credit rating by accumulating transaction performance by accumulating transaction performance,” and then sent a copy of e-mail card connected to the B bank account (C) account under the name of the Defendant on the same day.

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 the police's written statement transfer certificate, the financial transaction information and the statement of transaction, and the Acts and subordinate statutes governing the application for deposit transaction;

1. Relevant legal provisions and Articles 49(4)2 and 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 202) concerning criminal facts;

1. The act of lending the means of access for electronic financial transactions on the grounds of sentencing under Article 62(1) of the Criminal Act can be used as a means of crime undermining the security and reliability of electronic financial transactions and other crimes. Therefore, the crime is not good, and the means of access leased by the defendant was actually used for the crime of fraud.

However, considering the fact that the defendant led to the crime of this case, there is no benefit acquired by the crime of this case, the fact that there is no record of punishment for the same kind of crime, the defendant's age, character and conduct, environment, family relationship, means and result of the crime of this case, and all the sentencing conditions specified in the arguments of this case, such as the circumstances after the crime, the punishment shall be determined as ordered.

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