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(영문) 서울동부지방법원 2020.05.27 2020고단728
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

In using and managing a means of access, no one shall borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, around October 25, 2019, the Defendant received a proposal from a person who assumes a personal lending company C office of “B,” and accepted the proposal that “a physical card is required to withdraw the repayment of loans in order to execute the loan.” On the 28th day of the same month, the Defendant sent a physical card connected to the E bank account (F) in the name of the Defendant on the front day of Songpa-gu Seoul, Songpa-gu, Seoul, through Kwikset and sent the password to Kakaox.

As a result, the Defendant promised to return a means of access to a person who is not aware of his/her name in return for an intangible expected interest of future loans.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on the details of transactions of automation machinery, customer personal information inquiry, and Kakao Stockholm dialogue;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act ( normal consideration, such as the fact that a criminal is divided and the initial criminal is committed);

1. Social service order under Article 62-2 of the Criminal Act;

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