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(영문) 부산지방법원 서부지원 2020.01.09 2019고단1506
전자금융거래법위반등
Text

Defendants shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2019 Highest 1506] - Defendant A

1. No person who violates the Electronic Financial Transactions Act shall, in using and managing the means of electronic financial transactions, borrow or lend the means of access in receiving, demanding or promising any compensation;

When the Defendant borrowed the Defendant’s account from C to use the Defendant’s name, he/she received a proposal to offer KRW 2 million, and around October 22, 2018, he/she received KRW 2 million in cash in consideration of the following: (a) A bank account (E) passbook, check card, and OPT card under the name of the Defendant to the said C in the vicinity of the inncheon-si, Seocheon-si, Seocheon-si.

Accordingly, the defendant lent the passbook, e-mail card, and OPT card, which is a medium of electronic financial transaction access while receiving the price.

2. Embezzlements of lost possession;

A. The Defendant embezzled the victim’s driver’s license under the name of the Commissioner of the Gyeonggi Provincial Police Agency who lost the victim F at a place on the grounds of the 2018 Before obtaining the victim’s driver’s license in the name of the Commissioner of the Gyeonggi Provincial Police Agency and returning it to the victim.

B. On October 2018, the Defendant: (a) obtained the victim G’s driver’s license under the name of the Commissioner of the Korean Police Agency, which was lost in Bupyeong-gu, Bupyeong-gu, Incheon; and (b) embezzled the victim’s license without following necessary procedures, such as returning it to the victim; and (c) embezzled the victim’s license.

3. Illegal events of official documents;

A. On October 26, 2018, the Defendant: (a) at the I Office located in Nam-gu Incheon Metropolitan City H around 20:40 on October 26, 2018, the Defendant: (b) sought confirmation of the driver’s license of a motor vehicle from his/her employee; and (c) said 2-A.

As stated in paragraph 1, F's driver's license under the name of the Commissioner of the Gyeonggi Provincial Police Agency, which is an official document acquired, was presented as if he was his driver's license and illegally displayed the official document.

B. The Defendant, around November 1, 2018, at L Office in K at Silung-si around 12:20, Mysta car.

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