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(영문) 대구지방법원서부지원 2020.12.11 2020고단1931
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, it is possible for the Defendant to lend KRW 3 to 5 million from a person who has not been injured by his name at the end of March 2020.

On March 31, 2020, the office of origin in the Daegu-gun, 14:06, issued a copy of the physical card to the person who was not the name of the defendant, and notified the password of the above account by telephone.

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. Statement made to D by the police;

1. A report on investigation (the sequence 8 of evidence list);

1. Details of deposit transactions, details of text conversations, data on financial transaction information return (B bank), details of mail application, and application of Acts and subordinate statutes on account details;

1. Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297 of May 19, 202), the pertinent provision on criminal facts, and the choice of imprisonment with labor

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the act of lending the means of access used in electronic financial transactions, such as the instant crime, in light of the following: (a) it is necessary to strictly punish the act of aiding and abetting other crimes; (b) considering the following factors: (c) the cream card and the account of the Defendant lent to the Defendant was actually used in the scaming fraud; (d) the fact that the Defendant actually used in the scam card and the accounts of the Defendant connected thereto was committed; and (e) the Defendant appears to have committed a crime; and (e)

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