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(영문) 대구지방법원서부지원 2020.12.11 2020고단1558
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

No one shall provide any means of access used to make a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction with or promise to provide or receive any consideration therefor.

Nevertheless, on January 12, 2020, the Defendant received a proposal from a name-free person who misrepresented the lending company's staff member and accepted it, and then delivered one check card connected to the Defendant's account in the name of the Defendant in the Daegu-gu, Daegu-gu, where the Defendant's residence was located, to the name-free person by using one check connected to the Cbank (D) account in the name of the Defendant.

Accordingly, the Defendant promised to lend the means of access for electronic financial transactions.

Summary of Evidence

1. Application of the details of transfer, text messages, and the Acts and subordinate statutes governing the defendant's legal statement E;

1. Relevant legal provisions concerning criminal facts and Articles 49(4)2 and 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297 of May 19, 2020 and enforced from August 20, 2020), Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da17297, May 19, 202); Article 49(4)2 and Article 6(3)2 of the same Act; Article 62(1) of the Criminal Act (see, e.g., that

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