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(영문) 창원지방법원 진주지원 2019.02.21 2018고단1045
전자금융거래법위반
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

On July 4, 2017, the defendant in the room of a public prosecution was sentenced to imprisonment for one year for a violation of the Road Traffic Act (driving) at the Changwon District Court's Jinju branch on July 4, 201, and the suspended sentence becomes final and conclusive on the 12th of the same month, and is currently during the suspended sentence.

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

On March 20, 2018, the Defendant received text messages from a person who was named as an employee of a lending company of himself/herself on the same day without credit inquiry, and accepted the text messages stating that “A person who was named as an employee of the lending company is in need of a check for repayment of interest,” and “A person who was named in the above name is in need of a check for repayment of interest to receive a loan” on or around the 21st day of the same month by communicating with the above person who was named in the name, and was unable to borrow a loan without sending the check.”

Around the 22th day of the same month, the Defendant was aware that the above physical card was used for an offense, such as illegal loan, and was given a loan to obtain a password in front of the Hadong-gun, Sudong-gun, Sudong-gun, the Republic of Korea Development (C) and then informed the Defendant of the password by using D message.

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

Maz.

1. In view of objective determination of the relevant circumstances, such as the motive and background leading up to the delivery of the means of access, relationship with the other party, number of means of access issued, behavior or circumstances after the delivery, whether there was an agreement on the subject, amount, interest rate, method of receipt of loans, etc. regarding the loan, etc., the other party in return for the provision of the means of access shall arbitrarily conduct electronic financial transactions using such means of access, rather than the means for receiving the loan.

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