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(영문) 대구지방법원 서부지원 2020.06.12 2019고단2622
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, on April 2019, the Defendant listened to the phrase “a request to send a physical card so that repayment of loans can be withdrawn at an interest rate of 6 million won per month from a person who assumes a false name as a lending business entity.” On April 3, 2019, at the Defendant’s residence in Daegu-gun District, the Defendant issued one physical card connected to Kwikset Service Articles in the name of the Defendant’s bank account (D) in the name of the means of access to Kwikset Service provider at around 16:30, 2019, one copy of the physical card connected to the Defendant’s bank account in the name of the Defendant, and notified him of the password by telephone communications.

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. E statements;

1. Application of Acts and subordinate statutes to details of transactions, replies to financial transaction information, and printed out of Kakao dialogues;

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. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds that the defendant acknowledges and reflects his mistake, and there is no record of criminal punishment except for the previous offense of a fine and once, there is no benefit from the crime of this case

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