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(영문) 수원지방법원 2020.08.13 2020고단2766

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

【Criminal Power】 On October 22, 2019, the Defendant was sentenced to a suspended sentence of 8 months at the Suwon District Court for violating the Electronic Financial Transactions Act, and the judgment became final and conclusive on October 30, 2019.

【In using and managing the means of access to electronic financial transactions, no person shall transfer the means of access unless otherwise specifically provided for in any other Act.

Nevertheless, at around 10:00 on October 14, 2019, the Defendant heard that “for a loan, a e-mail card is required to pay interest or principal” from a person who misrepresented the B lending agency, and received a loan, around 13:00 on the same day, the Defendant sent one e-mail card connected to the Defendant’s name bank account (G) before the Defendant’s residence, from the Kwikset’s article, via the Kwikset’s article, and transferred the means of access to notify the nameless person of the password’s password’s password via the Kakao Stockholm message.

Summary of Evidence

1. Partial statement of the defendant;

1. The prosecutor's protocol of interrogation against the defendant, a certificate of confirmation of transfer of the police's statement H, the Kakao Stockholm conversation, the letter of decision not to prosecute, and the decision not to prosecute the defendant;

1. Previous convictions: Criminal history records, the accused of the judgment, and the defense counsel stated that the defendant temporarily issued a physical check for the convenience of paying the principal and interest of interest of loans by hearing the words that the defendant would give the lending company's employee by misrepresenting himself/herself, and that the defendant's act cannot be seen as "transfer of access media".

However, the evidence duly adopted and examined by this court is based on the following circumstances, i.e., the Defendant, despite being aware of the fact that the Defendant cannot obtain a loan in a normal way due to his/her credit standing, believed only the content of the Kakao Stockholm consultation with the lender, who misrepresented his/her employees.