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(영문) 광주지방법원 2020.01.16 2019고단3394

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. (State) No person shall transfer or acquire any means of access under the name of B;

Nevertheless, on June 2017, the Defendant listened to the remarks of the name in favor of the Defendant, “A loan of KRW 5 million to KRW 1 million may be made if the Defendant sent an account under the name of a corporation,” and around July 5, 2017, the Defendant transferred a physical check card connected to the bank account (D) in the name of the Defendant at the post office located in the North-dong, Gwangju-dong, and the transfer of an OTP card to the name in favor of the Defendant by using the bank account (D) in the name of the State, and around that time, the same year.

9. Until June 1, 90, the means of access was transferred in total twice in the same manner as shown in the annexed list of crimes (1).

2. (No one shall engage in any act of lending any means of access under the name of E while demanding, demanding or promising to provide compensation;

Nevertheless, on February 14, 2018, the Defendant listened to the remarks of the nameless winners, “The Defendant will create three accounts in the name of a juristic person and KRW 5 million per week.” On February 14, 2018, the Defendant lent e-mail cards connected to the bank account (F) in the name of the State established by the Defendant at a high-speed bus terminal in the Seo-gu, Seo-gu, Gwangju, Seo-gu, Gwangju, by using e-mail cards connected to the bank account (F) in the name of the State, and then lent e-mail cards to the nameless winners from that time.

3. By the end of 27.2, by the day of the attached list of crimes (2), the recipient of the means of access promised three times in total, as described above, to lend the means of access to the person who has not suffered the name.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Information on the establishment of a corporation and details of replies to seizure warrants (opener information, details of transactions, etc.);

1. Application of Acts and subordinate statutes to investigation reports (including attachment, etc. of the details of replies by the G Association and H bank);

1. Article 49(4)1 of the Electronic Financial Transactions Act and Articles 6(3)1 and 6(4) of the same Act concerning criminal facts and the selection of punishment.