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(영문) 대구지방법원 안동지원 2019.09.18 2019고단185
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

No person of "2019 Highest 185" shall lend a means of access while receiving, demanding or promising any compensation in using or managing the means of electronic financial transactions.

Nevertheless, the Defendant, at the end of October 2018, proposed that “B bank will enhance transaction performance and loan KRW 50 million at a low interest rate of 3.6% per annum using a physical card in the name of the Defendant using the Defendant’s name,” from a name-free person who assumes the “B bank” staff at a terminal located in the Gyeongbuk-gun, Gyeongbuk-gun, the Defendant provided a copy of the physical check card connected to the post office account (number C) in the name of the Defendant using a high-speed bus bus line, and lent it to the above name-free person.

In using and managing a means of access, no one shall borrow or lend a means of access or keep, deliver or distribute a means of access, in receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act.

Nevertheless, the Defendant, at the end of October 2018, extended a loan from a name-free person who assumes the former employees of a lending company to KRW 30 million to KRW 50 million. Since the credit rating is not good, the Defendant’s acceptance of the proposal that “on the face of the transfer of the physical card, the Defendant will be able to increase the credit rating by repeating the deposit and the withdrawal, and then make the loan available.” On October 2018, the Defendant sent one physical card connected to the Defendant’s name through the bus-free bus bus account (E number) at the Jinju bus terminal located in Jinju-si-si, Seoul Special Metropolitan City around the end of October 2018.

As a result, the Defendant promised to receive a future loan in return for an intangible expected profit, and lent a means of access for electronic financial transactions to a person who is named in the name.

Summary of Evidence

"2019 Highest 185"

1. Defendant's legal statement;

1. The police statement concerning F;

1. An investigation report (in addition to the principal’s financial transaction);

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