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(영문) 대구지방법원 2020.06.19 2020고단2412
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for a period of five 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 February 4, 2020, the Defendant may, however, grant a Masp loan at a low interest rate from a person who has been unaware of his name.

However, due to low credit rating, it is possible to lend a loan to increase credit by making the details of deposit transactions in the passbook;

On February 6, 2020, Kwikset used Kwikset service in front of the defendant's residence located in Daegu Suwon-gu, Daegu-B, sent two physical cards connected to the C Bank (D) and E Bank (F) account in the name of the defendant, and notified the password.

As a result, the Defendant promised to pay for, lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on G’s police statement (including the attached “Kakao Stockholm message”).

1. Application of Acts and subordinate statutes to the details of passbooks, account transactions, remittance receipts, and response details of financial transaction information;

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

1. Articles 40 and 50 of the Criminal Act dealing with the settlement of conceptual concurrences;

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 the recommended sentence according to the sentencing guidelines [decision of type 1] general crimes [special person] - The element of mitigation [the scope of recommendation and recommendation] simple participation [the scope of mitigation area and recommendation], one month to six months [the general person] of imprisonment [the mitigated element] - Where there is no actual amount of profit or minor amount of profit, or there is no record of criminal punishment [the reasons for suspension of execution] - The major reason for suspension of execution: simple participation, there is no record of criminal punishment: living penalty, actual amount of profit:

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