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(영문) 인천지방법원 2017.09.14 2017고단5480

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for not less than two months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall lend any access medium used for electronic financial transactions in return for a request or promise for the payment thereof.

Nevertheless, the Defendant, among the facts charged around December 2016, is an obvious clerical error in the “2017 around December 2017” and thus, corrected as above.

When sending a physical card from a person who is not his/her name, he/she will repeatedly accumulate the results of financial transactions and loan KRW 2 million after raising credit rating.

“A” promise was received, and the head of C C Card connected to the National Bank Account (D) in the name of the Defendant in the name of the Defendant in front of the Defendant’s residence in the Nam-gu Incheon Nam-gu, Incheon, through Kwikset Service Articles, sent the password to the name-oriented person and sent the password by telephone.

As a result, the Defendant promised to obtain intangible expected profits that can receive a loan in the future by raising credit rating through the details of high-amount deposit and withdrawal transactions, and lent a medium of access to a name-oriented person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on response to financial information;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act, the selection of imprisonment with prison labor;

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 there was a history of punishment for the same crime previously committed, but it is not good to commit the crime in this case again, but to reflect