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(영문) 수원지방법원 안산지원 2019.07.19 2019고단784
전자금융거래법위반
Text

A defendant shall be punished by imprisonment 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

1. No person shall, unless otherwise expressly provided for in any other Act or subordinate statute, borrow or lend any means of access used in electronic financial transactions at the time of receiving, requesting or promising to receive compensation therefor;

Nevertheless, around September 2017, the defendant sent the Defendant’s mobile phone text message to the Defendant, and then accepted the proposal that “If he sent the e-mail card to solicit another person’s e-mail, he will give KRW 2 million per each unit of the e-mail” and then sent the e-mail card in Gangseo-gu Seoul Metropolitan Government at the time of the same month by inserting one copy of the d bank account (Account Number E) in the name of the Defendant in the box and sending it to the box, and then the e-mail was sent by the phone.

Accordingly, the Defendant promised to lend a means of access used in electronic financial transactions.

2. No person shall, on November 6, 2018, borrow or lend any means of access used in electronic financial transactions while receiving, demanding or promising such means of access, unless otherwise expressly provided for in any other Act and subordinate statutes.

Nevertheless, around November 5, 2018, the Defendant received the Defendant’s statement that “if the Defendant’s bank account and physical card are sent to the Defendant’s bank account and password, it would have the Defendant extended credit by raising his transaction performance, and would have the Defendant get loans.” On November 6, 2018, the Defendant sent the Defendant’s mobile phone text message, and then sent it to the address where the Nonparty was notified of his name in the convenience store located adjacent to the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, by inserting one copy of the physical card connected to the Defendant’s name bank account (Account Number: H) and sent it to the Nonindicted Party, and then sent the password I.

In this regard, the defendant is expected to get a future loan by raising credit rating through false deposit and withdrawal transactions.

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