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(영문) 대구지방법원서부지원 2020.10.22 2020고단824
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.

On October 14, 2019, the Defendant listened to the statement that “if sending a physical card, it would make loans possible to increase the transaction performance” from a person who misrepresented the Bbank staff, and around October 18, 2019, around Daegu-gu, Daegu-gu, Seoul-gu, through an article of Kwikset Services, one physical card connected to the D (E) account in the name of the Defendant, and notified the password of the said account by telephone.

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. Application of Acts and subordinate statutes to the defendant's legal statement, statement, details of the account transactions in the report on damage from outsourcing, each information on financial transactions, data on the provision of Kakao Stockholm conversation, and F reply

1. Relevant legal provisions and Articles 49(4)2 and 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 202) concerning criminal facts;

1. The act of lending the means of access for electronic financial transactions on the grounds of sentencing under Article 62(1) of the Criminal Act can be used as a means of crime undermining the security and reliability of electronic financial transactions and other crimes. Therefore, the crime is not good, and the means of access leased by the defendant was actually used for the crime of fraud.

However, considering the fact that the defendant confessions the crime of this case and repents his mistake, that there is no record of punishment for the same kind of crime, and the age, character and conduct, environment, family relationship, means and result of the crime of this case, the punishment as the order shall be determined in consideration of all the sentencing conditions shown in the arguments of this case, including the circumstances after the crime.

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