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(영문) 대구지방법원 2020.08.25 2020고단2951
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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 2019, the Defendant received a proposal from a deceased person on his name who was named as a police officer, stating that he would grant a loan if he had opened a passbook under the name of a juristic person and then sent the check card, and then accepted the proposal, and then sent an USB, including e-mail card, OTP card, authorized certificate, and password, which are linked to the national bank account in the name of B, a corporate bank account (C), an enterprise bank account in the name of D, and an authorized certificate and password, in the Dong-dong Intermodal Transfer Center located in 149, Daegu-gu, Dong-gu, Dong-gu, Seoul, by using high-speed cargo.

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. Application of Acts and subordinate statutes on response to financial transaction information;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of offenses in violation of the Electronic Financial Transactions Act [Type 1] and the absence of general crimes [the scope of recommendations and recommendations] [the scope of recommendations and recommendations] basic area, April to October;

2. Determination of sentence: (a) comprehensively taking into account the following circumstances and the Defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the commission of the commission, circumstances after the commission of the commission of the commission, etc.; and (b) the conditions of various sentencing as shown in the argument of the instant case:

An act of lending a means of access to a disadvantage: To impair the stability and reliability of electronic financial transactions, and the means of access should be seen.

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