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(영문) 창원지방법원 진주지원 2019.02.21 2018고단1084

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of 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, no one may lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in other Acts.

Around April 6, 2018, the Defendant: (a) around April 6, 2018, the Defendant was able to lend KRW 30,000,000 to a lender; (b) was able to use the check card to increase credit rating by repeating the check; and (c) was unable to lend a loan without sending the check card.

On April 11, 2018, the Defendant: (a) packaged a physical card connected to a bank account (E) in the name of the Defendant at the Jinju-si C’s business office located in Jinju-si; and (b) sent the personal identification number of the physical card by telephone around the 12th of the same month following the following day.

As a result, the Defendant promised to receive intangible expected gains from future loans and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of the police statement related to F and G;

1. A written petition;

1. Application of Acts and subordinate statutes on deposit receipts and response data of the D Bank;

1. Relevant Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act concerning criminal facts, and the choice of imprisonment with labor;

1. Article 62 (1) of the Criminal Act;