beta
(영문) 광주지방법원순천지원 2020.12.22 2019고단1244

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

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

Nevertheless, at around 11:00 on July 10, 2017, the Defendant: (a) at the office of thought and injury located in 165 as an ideology of Busan, the Defendant: (b) heard the horses that “if the Defendant sent the check, if he sent it, he has opened the check with the card, and repeatedly accumulated the transaction performance, thereby raising the credit rating; and (c) sent the check card to obtain the loan; and (c) issued a copy of the check to the name falsely using it to the B bank account (C) under the name of the Defendant; and (d) notified the password of it.

As a result, the Defendant promised to pay credit rating through false deposit collection transactions in return for intangible expectation interest that can receive future loans, and lent the means of access to a person who has failed to obtain the name.

Summary of Evidence

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

1. Statement made to D by the police;

1. A certificate;

1. Answer to a written request for the provision of gold trading information;

1. Application of the Act and subordinate statutes to the required non-performance/deaculation inquiry (A);

1. Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297 of May 19, 202), the pertinent provision on criminal facts, and the choice of imprisonment with labor

1. Article 62 (1) of the Criminal Act on the suspension of execution (i.e., violation and consideration given to the absence of criminal records);