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(영문) 인천지방법원부천지원 2020.11.18 2020고단3144
전자금융거래법위반
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the above sentence shall be executed for one year and six months 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 lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Around October 2019, the Defendant received a proposal from a name-free person who became aware of a place where it is unknown through the Internet search, stating, “The Defendant will open a corporate account by registering a corporation and proceed with loans if it establishes the bank transaction performance in the account.” On December 2, 2019, the Defendant sent e-mail cards, passbooks, and OTP connected with C’s bank account in front of the e-mail B apartment around the end of e-mail, via Kwikset service articles, and sent e-mail cards, passbook cards, passbooks, and OTPs connected to C, F’s account, as indicated in the list of crimes, to January 2020.

As a result, the Defendant promised to pay intangible prices, which are expected profits to receive future loans, and lent the means of access to each other.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to a seizure warrant reply (C) to a stock company, notification of data on the current status of financial transactions (C) and notification of data on the current status of financial transactions;

1. Relevant Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 202) concerning criminal facts and the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Lending the means of access used in electronic financial transactions with the reason of sentencing Article 62-2 of the Social Service Order Criminal Act requires strict punishment as acts that facilitate other crimes, such as singing, singinging, fraud, etc.

Defendant promised to get a loan in the future and established a fraudulent corporation to lend the means of access (Evidence Records No. 276).

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