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(영문) 대구지방법원 2020.07.21 2020고단1981
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 compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, around October 15, 2019, the Defendant: (a) heard on October 15, 2019, the Defendant promised to provide a loan to those who are unable to obtain a loan from the financial right; (b) with the approval of the Bank B; (c) to obtain the loan; and (d) to receive the fee; and (c) to contact the above person with the above person under his name and to communicate with the name in his name in order to make a loan of KRW 30 million from the person under his name; (d) to the effect that “A loan of KRW 1 to 20 million is possible; (e) to make a transaction statement as if he is a personal transaction, and (e) to receive a loan of KRW 3 million; and (e) around the 29th of the same month, the Defendant sent the name in his name and sent the password to the person under his name and sent it to the person under his name in question through an article No. 30 million won.

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. The police statement concerning F;

1. Application of Acts and subordinate statutes on transfer statements, investigation reports (Listening to suspect's telephone calls), and Kakao Stockholm dialogues;

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

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] general crimes of violating the Electronic Financial Transactions Act [Type 1].

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