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(영문) 춘천지방법원 강릉지원 2019.08.30 2019고단349
전자금융거래법위반등
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

"2019 Highest 349"

1. In using and managing a means of access, no person who violates the Electronic Financial Transactions Act shall receive, request or promise to receive or lend any means of access, or keep, deliver or distribute any means of access unless otherwise specifically provided for in any other Act;

Nevertheless, on January 8, 2019, the Defendant received text messages stating that “I would give a loan if I send a e-mail card” from a person with no personal standing in the workplace located in Gangnam-si B apartment C, and on the same day, opened an account (Account Number E) at the D Bank, issued the e-mail card, and sent it to the person with no personal standing through Kwikset Service.

As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.

"2019 Highest 575"

2. On December 2, 2017 and February 2, 2018, the Defendant was investigated by the police on the following grounds: (a) on the ground that he/she violated the Electronic Financial Transactions Act by means of the transfer of means of access, which belongs to his/her nominal proposal, by accumulating transaction records and raising credit; (b) around July 2018, the Defendant was investigated by the police two times by the police; (c) on the basis of the fact that he/she knew of the fact that he/she was in violation of the Electronic Financial Transactions Act by transferring the means of access, and (d) around July 2018, he/she was in need of transaction records in order to obtain a loan; (d) on the basis of transaction records, he/she was falsely informed of the fact that he/she was an employee of the lending institution and assisted the act of fraud by withdrawing the amount from his/her own deposit account and delivering it to the singing employee.

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