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(영문) 전주지방법원 2016.10.28 2016고단1318
전자금융거래법위반
Text

Defendants shall be punished by imprisonment for four months.

However, for one year from the date this judgment became final and conclusive against the Defendants.

Reasons

Punishment of the crime

No person shall transfer, acquire, receive or promise any means of access to electronic financial transactions to lend or borrow such means.

1. Defendant A’s statement that “The Defendant may rent a passbook at the time of leasing the passbook” from the land owner B, and around March 24, 2016, Defendant A left the passbook and the physical check card (E) in the name of the Defendant’s name to the employees in default of the name of the land owner in B, who work for the “D” Kabter located in the Seoul Special Metropolitan City Nowon-gu, Seoul Special Metropolitan City on March 24, 2016, and had the said employees receive the passbook and the physical check (E) in the name of the Defendant.

Accordingly, the Defendant promised the payment to lend the means of access to electronic financial transactions.

2. Defendant B received text messages from a person who does not have a personal face-to-face form, “The Defendant will give 3.2 million won per month from the transfer of the passbook.” After receiving the text messages, Defendant B received the message from the person who was in the name-to-face, and then accepted it by telephone from the person who was in the name-to-face, and then, on March 24, 2016, Defendant B found the employees in the name-to-face (F) in charge of the name-to-face card (passed in the password) in the name of the Defendant.

Accordingly, the Defendant promised the payment to lend the means of access to electronic financial transactions.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written petition;

1. A report on internal investigation:

1. Application of Acts and subordinate statutes on deposit certificates;

1. The Defendants of the pertinent law on criminal facts: Each of the Defendants under Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act (a means of lending access media);

1. Commercial concurrent defendants: Articles 40 and 50 of the Criminal Act (mutually between the crimes of violating the Electronic Financial Transactions Act by means of access)

1. The Defendants: Imprisonment with prison labor;

1. The act of lending the means of electronic financial transactions to another person due to unfavorable circumstances in sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1448, Apr. 1, 2006).

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