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(영문) 서울북부지방법원 2020.01.30 2019고단3652
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. No person shall borrow or lend a means of access connected to a B bank account while receiving, demanding or promising compensation;

Nevertheless, around January 29, 2019, the Defendant indicated that he would borrow a loan by accumulating the transaction performance at the Yeongdeungpo-gu Seoul, Yeongdeungpo-gu Office, Seoul, the Defendant sent a means of access, such as a physical card one and a password, connected to B bank account (E) in the name of the Defendant using the door-to-door distribution service, to the employees of the Young-gu, Seo-gu, Seoul.

As a result, the Defendant promised to pay for, lent the means of access to electronic financial transactions.

2. No person shall borrow or lend a means of access connected to a post office account while receiving, demanding or promising compensation.

Nevertheless, around February 27, 2019, the Defendant sent a means of access, such as a physical card, password, etc. connected to the post office account (H) in the name of the Defendant using the selective distribution service, to a person under whose name the Defendant sent a physical card for the repayment of principal and interest, from G located in the Seoul Central-gu Seoul Central-gu.

As a result, the Defendant promised to pay for, lent the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of I;

1. Details of transfer and conversation;

1. Personal information and details of financial transactions;

1. Egresponding a text message and a J message course;

1. Application of replies to requests for financial transaction information;

1. Relevant Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act and the choice of punishment for a crime;

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. The defendant with reasons for sentencing under Article 62-2 of the Criminal Act shall accumulate the transaction records.

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