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(영문) 창원지방법원 2020.04.17 2019고단2640

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four 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

In using and managing a means of access, no one shall lend the means of access while receiving, demanding or promising any compensation therefor.

Nevertheless, around June 26, 2019, the Defendant accepted a proposal to the effect that “When sending a physical card, the Defendant would make a false transaction performance and get a loan after raising credit rating.” On the same day, the Defendant sent one copy of the physical card, which is a means of access connected to the account in the name of the Defendant to the Bbank account in the name of the Defendant, through Kwikset Service.

Accordingly, the defendant provided a means of access with the promise to receive an intangible expected profit to implement the loan.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. A written statement of the victim;

1. Application of Acts and subordinate statutes to inquire into the provision of financial transaction information, certificates of deposit transaction performance, and customer personal information;

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. Circumstances unfavorable to the reasons for sentencing under Article 62 (1) of the Criminal Act: The fact that the access claim provided by the defendant has been used for the crime of licensing: The confession, and the fact that the same does not exist;