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(영문) 대구지방법원 서부지원 2020.04.14 2019고단2400

전자금융거래법위반

Text

Defendants shall be punished by imprisonment for four months.

However, as to the defendants for one year from the date this judgment became final and conclusive, the defendants are above.

Reasons

Punishment of the crime

1. In using and managing a means of access, no defendant A may borrow or lend a means of access while requiring or promising to receive, demand or promise any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on July 9, 2019, the Defendant heard the phrase “to lend KRW 7,00,000 from a person who was unaware of his name, and will withdraw each month interest with such person’s physical card if sent.” At the office of the Seogu Seo-gu Da Apartment D, the Defendant sent Kwikset service articles, who sent name-based winners, one copy of the physical card connected to the account in the name of the Defendant’s E-bank (F) and sent the password to the person who was unaware of his name.

As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.

2. In using and managing a means of access, no one may borrow or lend a means of access while demanding or promising to receive, demand or promise any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on July 9, 2019, the Defendant heard the phrase “to lend KRW 20,000,000 from a person who was not the deceased person’s name, and will withdraw interest each month with the cream card if sent.” On the Defendant’s home in the Daegu Seo-gu C Apartment D, the Defendant sent Kwikset service articles who sent the name in front of the Defendant’s home, one copy of the cream card connected to the account in the name of the Defendant’s E-bank (G) and the password was known to the person who was not the name.

As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.

Summary of Evidence

1. Defendants’ respective legal statements

1. Copy of the statement made to H by the police;

1. Domestic investigation reports (related to attachment of a financial transaction receipt), internal investigation reports, search, seizure, verification warrants, replies and account holders;