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(영문) 수원지방법원 2019.09.05 2019고단447
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

In using and managing the means of access, anyone shall be prohibited from borrowing or lending the means of access while demanding, demanding or promising compensation.

Nevertheless, around August 13, 2018, the Defendant issued a proposal to the effect that “I will use for three days when I want to use the cke card and pay KRW 2,400,000 per account in the usage fee,” from a person who was not the deceased person’s name in front of the Gosi-gu, Young-si B. In response thereto, the Defendant sent a letter of cke card connected to the Kwikset’s account (D) through Kwikset’s article, and then notified the account number and password to Kkset.

Accordingly, the Defendant promised to provide compensation and lent the means of access.

The prosecutor submitted an application for changes in indictment on August 8, 2019 to the effect that he/she added the means of access in the course of promising compensation to the effect that he/she lent the means of access in the preliminary manner, and the modification of indictment was permitted.

However, as long as the primary charge is found to be guilty, there is no separate judgment on the ancillary charge.

No person shall, while using and managing a means of access, borrow or lend the means of access or keep, deliver or distribute the means of access, knowing that they are to be used for a crime.

Nevertheless, at around 17:00 on December 18, 2018, the Defendant received a proposal from a person who has no standing in his/her name to the effect that “F” is “F” on the first floor of the Yeonsu-gu Incheon E Center, Yeonsu-gu, Incheon, and sent a physical check from an account to repay the principal and interest of the loan.” In response to the proposal, the Defendant, despite being aware that it will be used in the crime, knew that he/she would be used in the crime, notified the Defendant of the password, via the Kwikseter’s news article, of the password number to the name-oriented person.

Accordingly, the defendant can be used for crime.

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