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(영문) 인천지방법원 부천지원 2020.04.16 2019고단3974

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six 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

No person may, in using and managing the means of access to electronic financial transactions, borrow or lend the means of access while receiving, demanding or promising any compensation therefor.

Nevertheless, around June 20, 2019, the Defendant received a proposal from a person without a personal name who misrepresented B Company C as a proxy and consented to the loan, and return of the card after 1-2 days. On June 24, 2019, the Defendant sent the e-mail card to the designated address by the person without a personal name, which was linked to the Defendant’s name bank account (E) at the Bupyeong-dong post office located in Seocheon-ro, Seocheon-ro, Non-si, 76, Seocheon-ro, 2019. The Defendant sent the e-mail card to the designated address by the person without a personal name, and notified the above person without a personal name of the password.

As a result, the Defendant promised to receive expected gains from future loans and lent the means of access to his name in return for the lending.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to the details of financial transactions, written confirmation of transfer results, and content of Kakao Stockholmation;

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 suspension of execution (Article 62 (1) of the Criminal Act on the grounds that the offense is inferior, but there is no other force in addition to the fine imposed on one occasion due