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(영문) 전주지방법원 군산지원 2020.04.01 2020고단8
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four 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

In using and managing a means of access, no one shall lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

On June 2019, the Defendant accepted the statement that “the Defendant sent a check card to withdraw the principal and interest of the loan to the amount of KRW 6 million” from a name-free person who was named as a borrower company employee of the first police officer.

At around 13:00 on June 20, 2019, the Defendant: (a) contained a physical card (including a password) connected to the SC Bank Account (B) in a paperly abnormal, sealed it in the post office’s name, and then delivered it to the above-mentioned person by using the post office house.

As a result, the Defendant promised to receive intangible expected gains from future loans and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to replys, specifications of transaction in A account and caro road map outputs;

1. Relevant Article 49 (4) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense and Articles 6 (3) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions;

1. Suspension of execution under Article 62 (1) of the Criminal Act (the act of lending means of access, etc. prohibited by the Electronic Financial Transactions Act may be abused for crimes, such as scam, scam, tax evasion, gambling, etc.) (the act of lending means of access, etc. is limited to the liability for the act of lending means of access as much as society is committed, taking into account the fact that the act of lending means of access has been committed, the actual occurrence of the victim, and the fact that the suspension of indictment was committed once by the same kind of crime, and shall be punished by imprisonment with prison labor; however, the execution thereof shall be suspended considering the age, character and conduct, home environment

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