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(영문) 창원지방법원 2020.03.25 2020고단338
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, 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

No person shall, in using and managing the means of access to electronic financial transactions, borrow or lend the means of access while receiving, demanding or promising any compensation therefor, or keep, deliver or distribute the means of access.

On July 23, 2019, at around 09:00, the Defendant issued a proposal that “I would get a loan. I would have to get a loan to us. I will send the check card to us. I send the check card to us. I sent it to us. I then see the check card and password connected to the Defendant’s name D account in the name of us.”

As a result, the Defendant promised to receive intangible prices such as receiving loans and lent the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of A Acts and subordinate statutes on financial correspondence data;

1. Relevant Article 49 (4) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense and Articles 6 (3) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions;

1. Article 62 (1) of the Criminal Act on the suspension of execution (it shall be taken into consideration the reflection of gender, the absence of previous and previous convictions, and the absence of any previous convictions for the last ten years);

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