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(영문) 광주지방법원 2020.10.15 2019고단2292
전자금융거래법위반
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2019 Highest 2292] No person shall lend the means of access while demanding and promising the payment of the means of access necessary for electronic financial transactions.

Nevertheless, on January 2019, the Defendant, in accordance with the proposal of the name unwritten box stating that “When sending a card, the Defendant will store a false transaction record and then release the loan” from a high-speed bus terminal located in Gwangju Seo-gu, Gwangju, the Defendant laid down the physical card and password connected to the post office account (C) in the name of the limited liability company B on the same day using high-speed bus hand freight.

As a result, the Defendant promised to receive intangible expected gains from future loans and lent the means of access to a person who is not his/her name.

[20 order 85] No person shall lend a means of access while demanding and promising the payment of the means of access necessary for electronic financial transactions.

Nevertheless, around June 2018 to July 7, 2018, the Defendant sent a name-free person via Kwikset service, a physical card, password, andOTP connected to the E Account in the name of the limited company D, according to the proposal of the name-free box stating that “if you send the card, they will keep the false transaction records and make loans by accumulating the false transaction records.”

As a result, the Defendant promised to receive intangible expected gains from future loans and lent the means of access to a person who is not his/her name.

[20 highest 4373] No person shall lend a means of access while demanding and promising the payment of the means of access necessary for electronic financial transactions.

Nevertheless, the Defendant received a proposal from a person with no name, stating that “When sending a card, he/she will make a loan by piling up false transaction records,” and then accepted it on October 201, to obtain a loan from the Defendant in the vicinity of the Gwangju Metropolitan City “Seoul Metropolitan City Office” located in Seo-gu, Seo-gu, Gwangju Metropolitan City.

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