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(영문) 대구지방법원서부지원 2020.09.11 2020고단216
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 lend any means of access to electronic financial transactions while promising such consideration.

Nevertheless, around October 2, 2019, the Defendant received a proposal from a person whose name is unknown to the effect that he/she will open a Kakao Stockholm (hereinafter “C”) and consented to the proposal. On the same day, at the first floor parking lot of the building B in Daegu-gu, Daegu-gu, Seoul-gu, around 11:30, one physical card connected to the Defendant’s name’s account (C) was sent to a person whose name is unknown, using Kwikset’s service, and notified the password to the Kakao Stockholm 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. Application of Acts and subordinate statutes to documents on legal statements and replies by defendants, investigation reports (Attachment of documents on transactions in accounts of community credit cooperatives in A), and certificates of details by member trading account;

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 (Taking into account the confession, reflectment, and the primary charge);

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