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(영문) 대구지방법원 2020.06.10 2020고단1073
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor 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

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 November 10, 2019, the Defendant heard the phrase “B Company C head of the B Company C team.” Since our company is not a registered company, it will receive loans from a bank or E Union’s account linked to the card if it is sent from among banks used by the Customer because it is not a registered company.” On November 20, 2019, the Defendant, from Kwikset-gu, Daegu Northern-gu, Daegu, Inc., called “I will receive loans from the account in connection with the card.” On November 20, 2019, the Defendant, using Kwikkset’s service, sent one physical card connected to the account in the name of the Defendant to Kwikset-gu, and notified the name falsely, and the password of the above physical card.

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. A H statement;

1. Application of Acts and subordinate statutes on the details of transfer and Kakao Stockholm dialogue;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with labor for one month to three years;

2. The scope of recommended sentencing guidelines [decision of types] the general crime [Type 1] - The mitigated element of a crime: [the scope of recommending area and recommending punishment] mitigated area; imprisonment with labor for one month to six months [the general person]; where there are no actual amount of profit or minor amount of profit; cooperation in investigation [the reasons for suspension of execution] - Where there are reasons for special consideration in the commission of a crime or motive of a crime: cooperation in general investigation and suspension of execution.

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