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(영문) 대구지방법원서부지원 2020.11.10 2020고단1624
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than three months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became 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, the Defendant, on February 24, 2020, received a proposal from a name-free person who misrepresented the lending company’s staff member and accepted the proposal to the effect that “if you send a physical card, you will execute the loan,” and then delivered a physical card connected to B bank accounts in the name of the Defendant at the post office of the Luxembourg-gun-gun-gun-gun-si, Seoul Special Metropolitan City, Ma-ro 33-9, by means of registered mail to the name-free person.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of statutes on the return of financial transaction information;

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. The reason for sentencing of Article 62(1) of the Criminal Act (hereinafter “the reason for suspended sentence”), which is “the reason for suspended sentence”, is the reason for sentencing.

1. Scope of punishment by law: Imprisonment with labor for one month to three years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of type] [Type 1] general crime [special person] - mitigated element: Where there are extenuating circumstances in relation to the commission of a crime or motive for a crime [the scope of the recommended area and the recommended sentence] [the general person] mitigation area, imprisonment with prison labor for one month to six months [the general person]], where there is no actual amount of profit or minor amount of profit, or where there is a serious reflection [the reason for suspension of execution] - Where there is any reason for special consideration in relation to the commission of a crime or motive for a crime: Where there is no actual amount of profit or minor amount of profit, there is no criminal conviction above the suspension of execution, social relation clear, and serious social relation.

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