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(영문) 서울북부지방법원 2019.05.15 2019고단575
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year 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 engage in any act of lending any means of access while receiving, demanding or promising to receive compensation, unless otherwise expressly provided for in other Acts.

Nevertheless, around November 7, 2018, the Defendant received the proposal that “on the front side of the Seoul Northern-gu Seoul Northern-gu, the Defendant would give a loan if he sent the physical card from an account to repay the loan,” and accepted it, and then delivered one physical card, which is a means of access connected with the Defendant’s name Cbank account (D), to the person whose name is not known through Kwikset Service.

As a result, the Defendant promised to receive future loans in return for the intangible expected interest, and lent the means of access to a person whose name is not known.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. A written petition;

1. The application of the statutes governing dialogue, transfer confirmation, opening of accounts and details of transactions, and text messages;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (it shall not include any particular criminal records against the accused, and shall be taken into account circumstances in which the accused is repented);

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