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(영문) 울산지방법원 2020.02.05 2019고단1513
전자금융거래법위반등
Text

A defendant shall be punished by imprisonment for six 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

[2019 Highest 1513] No person shall lend any means of access for electronic financial transactions in return for payment.

Nevertheless, the Defendant accepted a proposal to pay KRW 100,000,000 if he/she borrowed a crow card from a police officer and B on October 2018, and received it in front of the “D Hospital” located in Geum-gu, Busan. In front of the “D Hospital,” one crow card connected to the account of community credit cooperatives (E) in the name of the Defendant, and received 10,000,000 won in return.

Accordingly, the Defendant lent the means of access for electronic financial transactions at a price.

[2019 Highest 2799] On November 11, 2018, the Defendant made a false statement to “F message from an elementary school dong Chang-gu, the Defendant, using a mobile phone at an irregular place, stating that “I would make a self-employment.” On November 5, 2018, if I lend money, I would make a full payment until November 5, 2018. If I would receive a monthly wage, I would receive a monthly payment. I will lend KRW 500,000.”

However, in fact, the defendant was liable for 2.2 million won to the neighbors at the time, and there was no other property or income, so even if he borrowed money from the victim, he did not have the intent or ability to repay it.

The Defendant, by deceiving the victim as above, received KRW 500,00 from the victim, a transfer of KRW 500,00 from the account of community credit cooperatives under the name of the Defendant to the account of community credit cooperatives around November 2, 2018.

[2019 Highest 533] No person shall intermediate a third party's communications or provide it for a third party's communications using telecommunications services provided by a telecommunications business operator.

On April 20, 2019, the Defendant: (a) received the proposal that “the Defendant will offer 40,000 won per page of the mobile phone chip to open through the opening of the mobile phone chip; and (b) prepared the subscription documents, such as the application for subscription to the mobile communication, by e-mail, and then sent it to him/her, in the name of the Defendant.

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