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(영문) 인천지방법원 부천지원 2019.08.13 2019고단1342
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, 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

[2019 Highest 1342] No person may lend a means of access in promise of compensation.

Nevertheless, on October 2018, the Defendant listened to the warning that “if you send a e-mail card so that they may withdraw interest on the side of Korea, you will get loans,” and issued the e-mail card and password of the d bank account (E) in the name of the Defendant to the needy through Kwikset Service, at C located at the end of October 2018 through Kwipo-si Kimpo-si, 2018 to Nov. 2018.

As a result, the Defendant promised to pay for the intangible expected interest of future loans and lent the means of access to the accused.

[2019 Highest 1964] No person may lend a means of access used in electronic financial transactions while receiving, demanding or promising to receive compensation.

Nevertheless, around April 1, 2019, the Defendant, upon receiving the proposal that “F may obtain a loan of KRW 3 million if he/she lends a e-mail card.” The e-mail card shall be used to withdraw the principal or interest for the purpose of directly withdrawing it from the company.” On April 2, 2019, at the office of “C” located in Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, Kwipo-si, one copy of the e-mail card connected to the account under the name of the Defendant from Kwipo-si, Kwipo-si, and notify Kwipo-si of the password of the above account through Kwipo-si.

As a result, the Defendant promised to lend the means of access in return for intangible expectation interest for future loans.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Each police statement of K and L;

1. Application of Acts and subordinate statutes on internal investigation reports (D bank's response to a warrant of search, seizure and verification of warrant, warrant reply (financial transaction information and details of transactions in I bank to A), certificate of transfer, and details of deposit transactions;

1. Article 49 of the Electronic Financial Transactions Act and Article 49 of the same Act concerning criminal facts and the choice of punishment.

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