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(영문) 광주지방법원 2019.11.28 2019고단1747
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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

"2019 Highest 1747"

1. In using and managing the means of access under the Electronic Financial Transactions Act, no one shall transfer the means of access or request, demand or lend the means of access for compensation, unless otherwise provided for in other Acts;

Nevertheless, on January 1, 2019, the Defendant received a proposal to the effect that he would send a total of three million won per day as a rental fee from a person who misrepresents himself to a seller of alcoholic beverages for three days, and then, around the 15th day of the same month, the Defendant lent the means of access by promising that he would send a personal identification number of the said account to a person who is not his name, using a one-time check connected to the D bank account (E) in the name of the Defendant in Seo-gu, Gwangju around the 15th day of the same month, by using a one-time check connected to the D Bank account (E) in Seo-gu, Seo-gu, Gwangju, and by promising that he would receive a fee.

"2019 Highest 3823"

2. In using and managing the means of access under the Electronic Financial Transactions Act, no one shall transfer or request or promise to provide for compensation, unless otherwise provided for in any other Act;

Nevertheless, on January 1, 2019, the Defendant proposed to the effect that “on the face of lending an account and a physical check, the Defendant would provide KRW 1 million per day of opening the account.” On the condition of lending three days, the Defendant, at H convenience points located in Seo-gu, Gwangju, sent two physical card connected to the I Association account (J, K) in the name of the Defendant, and then lent the means of access by using two copies of the physical card connected to the name of the Defendant at H convenience points located in Seo-gu, Seo-gu, Gwangju, and by promising that he would receive any consideration.

Summary of Evidence

"2019 Highest 1747"

1. Defendant's legal statement;

1. Lritten statements;

1. The certificate of transfer, the certificate of financial transaction (A), and the details of F message “2019 order 3823”;

1. The defendant;

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