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(영문) 인천지방법원부천지원 2020.09.17 2020고단2659
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 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.

Nevertheless, on June 2019, the Defendant received a proposal from a person with poor name to “to open an account by establishing a corporation and to transfer the head of the account, if he/she will give a loan.”

6.5. Around August 12, 2019, Company B, the representative of the Defendant, opened a bank account (D) around August 12, 2019, and around August 2019, the bank account was delivered to the above account, head of Tong, check, password, andOTP connected to the above account in front of the dodou Station located in the Female-dong, Yeongdeungpo-gu, Seoul, Yeongdeungpo-gu, Seoul.

Accordingly, the defendant promised to receive intangible benefits of loan potential and lent the means of access.

Summary of Evidence

1. Details of the police statement transfer of the defendant's legal statement E, details of Kakakao Stockholm dialogue, response to a request for provision of financial transaction information, and application of the statutes to each such written financial transaction information;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the choice of imprisonment;

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (i.e., the fact that the defendant recognized the crime of this case, the first offender, and the fact that the profit gained by the defendant is not significant) of the suspended execution.

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