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(영문) 수원지방법원 2019.10.24 2019고단4324
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for 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

No one shall lend or borrow a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising any compensation for the use and management of the means of access.

Nevertheless, around April 18, 2019, the Defendant: (a) heard the horses that “the Defendant would give loans to the persons against whom loans have been rejected in a financial right at 3% per month; (b) sent a check to use the principal and interest for the purpose of withdrawing them; (c) around 11:00 on April 22, 201, the Defendant sent one check connected to the E-bank account (Account Number (F) account in the name of the Defendant in the name of the Defendant at Osan-si, the domicile of the Defendant, and sent it to Kwikset Service Articles who sent the above B, and (d) notified the above account number to G.

On the 23th of the same month, the Defendant reported the loss of the above physical card to the above B, and reported the loss of the above physical card. However, the Defendant heard the horses from the above B that “Kwikset Service cost of KRW 150,000,000, or promptly cancelled the loss report.” On the same day, he re-issued the physical card connected to the above account at the E-Bank located at the office located in the H in the H, O.M., and around that time, he then delivered one of the above physical card to Kwikset Service article sent by the above DB, and notified the above B of the password.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to I;

1. Data replies to financial institutions (A);

1. Application of statutes on the certificate of deposit;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

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

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