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(영문) 부산지방법원 2020.06.17 2020고단1504
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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

In using and managing a means of access, no one shall promise to receive compensation and lend the means of access unless otherwise specifically provided for in any other Act.

Nevertheless, on January 14, 2020, the Defendant, who misrepresented “B Company C director”, ought to be deemed as having employed documents in order to obtain a loan in light of current credit standing by telephone from a person who was unaware of the name of the organization that caused the telecommunications-based financial fraud. It is possible to illegally forge a document and make a loan to a foreign company as if he was employed in a foreign company, and as it is possible to make a monthly wage by repeatedly making deposits and withdrawals using a suspect’s account with the name of the suspect, and then, it was notified of the account number, password, identification number, etc., and then received an OTP security card for the bank account (E) in the name of the Defendant, as instructed by the above bearer.

On February 5, 2020, the Defendant, at around February 5, 2020, notified the above D Bank Account Number (E) and Account Number, and the authorized certificate password to the above name bearers using the Kakao Stockholm case or telephone, and notified the above name titleholders of the necessary OTP security card certification number in the same manner.

As a result, the Defendant promised to receive intangible expectation interest that can receive a loan and lent the means of access to a person who is not his/her name.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Letter of provision of financial information;

1. Application of Acts and subordinate statutes to investigation reports (verification of records, etc. of criminal investigations of the past suspects);

1. Relevant Article 49 (4) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense and Articles 6 (3) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with labor for one month to three years;

2. The scope of recommendations according to the sentencing criteria (a decision of type) shall be limited to crimes violating the Electronic Financial Transactions Act.

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