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(영문) 수원지방법원 안양지원 2018.11.08 2018고단1346
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium with the receipt, request or promise of compensation in using and managing the access medium.

Nevertheless, on June 25, 2018, the Defendant is allowed to lend approximately KRW 40 million from a person who had misrepresented the employees of a mutual infinite lending company at the location of the happiness fund at a lower rate of 3% per annum.

It is possible to lend a loan when transaction details are required in order to raise credit rating B.

“After accepting the proposal,” around 16:00 on July 5, 2018, at the Defendant’s residence located in 1408, Dong 1, Dong 1, Dong 1, 2018, Kwikkset service articles sent by the said Buddhist winners, one physical card connected to the Defendant’s bank account (D) in the name of the Defendant, and notified the said Buddhist winners of the password using the mobile phone.

As a result, the defendant was promised to obtain credit rating through false deposit and borrowed access media for electronic financial transactions to the name in return for the intangible expectation profit that can receive a future loan through the false deposit and withdrawal transaction.

Summary of Evidence

1. Statement by the defendant in court;

1. E’s written petition;

1. Application of the Acts and subordinate statutes to seizure warrant execution materials;

1. The applicable provision of Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts; the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., the fact that mistake is recognized and reflected, and that there is no same electric power);

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