beta
(영문) 수원지방법원 안산지원 2020.05.07 2020고단1190

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six 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 the means of access used in electronic financial transactions, unless otherwise specifically provided for in any other Act, no person may borrow or lend the means of access in return for any promise to do so, but on October 30, 2019, the Defendant loaned KRW 6 million at a low interest rate from the person who was not the victim of his/her name. He/she obtained a proposal that “B..” The credit rating shall be increased by accumulating the transaction performance by accumulating the transaction performance.” On October 31, 2019, the Defendant consented to the receipt of a proposal that “the delivery of the card necessary for the work.” On October 31, 2019, at the post office located in Geumcheon-gu Seoul Metropolitan Government, Geumcheon-gu, Seoul Metropolitan Government, one check card connected to the account (D) under the name of the Defendant, and at that time, notified the person who was not the victim of his/her name of the password by telephone.

As a result, the Defendant promised to receive a loan in the future and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Receipts and requests for financial information;

1. CCTV data;

1. Application of the Kakao Stockholm text messages statutes;

1. Relevant Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts and the selection of punishment: Imprisonment with prison labor; or

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act on the grounds that the person has the same type of punishment shall be subject to unfavorable circumstances, or all crimes are committed, and considering the circumstances, such as the fact that the person has returned all the sources