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(영문) 창원지방법원 2020.02.05 2019고단2277
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than eight 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, no person of "2019 Highest 2277" shall lend the means of access while receiving, demanding or promising any compensation therefor.

Nevertheless, on March 27, 2019, the Defendant heard the statement to the effect that “a loan may be available, if sent, it would be possible to obtain the loan as soon as possible,” from a person who has no personal name, and sent a copy of the Cock Card connected to the company bank account (B) in the name of the Defendant to the person who has no personal name in the name of the Defendant at a non-personal location (hereinafter referred to as the “Cock Card”).”

Accordingly, the defendant provided a means of access with the promise to receive an intangible expected profit to implement the loan.

In using and managing the means of access, no one shall lend the means of access while receiving, demanding or promising any compensation therefor.

Nevertheless, around July 31, 2019, the Defendant accepted a proposal to the effect that “on the face of sending a physical card for repayment of interest, the Defendant will execute the loan,” and sent the personal identification number of the card, which is a means of access connected to the bank account (D) in the name of the Defendant, to the person in default on the same day, through Kwikset Service.

Accordingly, the defendant provided a means of access with the promise to receive an intangible expected profit to implement the loan.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. AF statement;

1. Application of statutes on the contents of each G dialogue, written confirmation of results of each transfer, and details of each account transaction;

1. The term “loan of access media” under Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act regarding criminal facts and the selection of punishment for each type of crime under Article 49(4)2 of the same Act means lending of means of access under Article 6(3)2 of the Electronic Financial Transactions Act to another person temporarily upon receipt, request, or promise of consideration.

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