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(영문) 대구지방법원 2020.04.08 2019고단1089

전자금융거래법위반

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. In using and managing the means of access, no person shall borrow or lend a means of access, or keep, deliver or distribute a means of access, knowing that he/she is to use it for a crime or to be used for a crime, unless otherwise expressly provided for in other Acts;

Nevertheless, on October 2018, the Defendant listened to the phrase “if the Defendant sent a physical card, it would raise the transaction performance by paying off and withdrawing company funds, and make loans based thereon.” On November 1, 2018, the Defendant sent a copy of the physical card connected to the D Association account (E) in front of the Defendant’s name on the front of the Seocho-si, Seocho-si, 2018, through Kwikset-si’s Articles, sent the account number and password of the said account to the bearer, and notified the Kakao Kaoo.

Accordingly, the Defendant knowingly lent the means of access to the account to a person with no name even though he could be used in the crime.

2. In using and managing the means of access, no person of "2019 Highest 5830" shall engage in any act of lending any third person while receiving, demanding or promising to receive compensation, unless otherwise expressly provided for in any other Act;

Nevertheless, on July 10, 2019, the Defendant received a proposal that “a loan will be made if the Defendant sent a e-mail card to pay the principal and interest of 5 million won as to the loan,” and consented to it. On July 10, 2019, the Defendant issued a e-mail card connected to the Defendant’s bank account (Account Number: H) in the name of the Defendant before the Kwikset-si.

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. The defendant's legal statement "2019 Highest 1089";

1. A protocol concerning the suspect examination of the accused;

1. Statement of the Police Statement to I