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(영문) 대구지방법원 서부지원 2020.05.14 2020고단201
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than two 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

[Criminal Power] On December 10, 2019, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution for the crime of obstruction of performance of official duties at the Daegu District Court, which became final and conclusive on December 18, 2019.

【Criminal Facts】

No one shall lend any means of access to electronic financial transactions while promising such consideration.

Nevertheless, on December 5, 2019, the Defendant received a proposal from a person whose name was unknown to the police officer to the effect that he would offer a loan of up to five million won if he sent a physical card necessary for withdrawal of principal and interest,” and consented thereto. On December 5, 2019, the Defendant sent a physical card connected to the Defendant’s bank account (D) to the Defendant’s company located in Daegu Northern-gu, Daegu-gu, Seoul-gu, and sent the password to a person whose name was unknown using Kwikset’s service and notified the password of the password’s password to the Kakao x message.

As a result, the Defendant promised to return a means of access to a person who is not aware of his/her name in return for an intangible expected interest of future loans.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Details of account transfer, data on replies to the C bank, the details of Kakao Stockholm dialogue, and photographs;

1. Before judgment: Criminal records, investigation reports, and application of statutes governing judgment;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62(1) of the Criminal Act on the Suspension of Execution (Article 62(1) of the Criminal Act on the grounds that the defendant acknowledges the crime of this case, and the crime of this case is concurrent crimes between the crime of obstruction of performance of official duties and the crime of the latter part of Article 37 of the Criminal Act on the grounds that they are collected

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