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(영문) 광주지방법원 2020.05.08 2019고단4561
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall transfer, request or promise to provide any means of access under the Electronic Financial Transactions Act and lend any means of access to such means.

On May 9, 2019, the Defendant issued a proposal to the effect that “a loan is not available because of low rating, but if a grade is high by creating a transaction statement of deposit and withdrawal from the account, it is possible to grant a loan to create and lend a transaction statement of deposit and withdrawal from the account.” On May 9, 2019, the Defendant sent one check card connected with the Defendant’s name C(D) at a post office located in Seo-gu, Gwangju, Seo-gu, Seo-gu, 109, Seo-gu, 109, then sent it to the address designated by the person who was not entitled to the above name, and notified the person who was not entitled to the name of the above account by text message.”

As a result, the Defendant promised to increase credit rating through false deposit collection transactions in return for intangible expectation interest that can be received future loans, and lent the means of access to a person who has lost his/her name.

Summary of Evidence

1. Defendant's legal statement;

1. E’s authentic statement and written statement;

1. Investigation reports (as to the attachment of a specification of transactions from entry), and the application of the statutes governing text messages;

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. The act of lending the means of access for the reason of sentencing under Article 62(1) of the Criminal Act can be used as a means of crime because it damages the security and reliability of electronic financial transactions and may be used as a means of other crimes. The nature of the crime is not good. The means of access leased by the defendant is actually used as a fraud, the fact that the defendant has the same criminal power is an unfavorable factor for sentencing, and the defendant seems to have no profit acquired by the crime of this case

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