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(영문) 광주지방법원 순천지원 2019.09.25 2019고단1545
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four 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

No one shall transfer or acquire a means of access, such as cash cards, which are electronic cards, used to direct transactions in electronic financial transactions or to secure the authenticity and accuracy of users and the details of transactions, and shall not lend 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 or subordinate statutes.

Nevertheless, the Defendant received a proposal from his name-free person to “to lend interest or principal to a personal company which can obtain a loan, and then consented to it.” On June 3, 2019, around 12:30, the Defendant lent one physical card connected to the national bank account (D) in the name of the Defendant to the above-known person by sending Kwikset service in the name of the Defendant, in front of C in the name of the Defendant, around June 3, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written petition;

1. Application of Acts and subordinate statutes concerning remittance statements, remittance certificate, and F dialogue content;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the choice of imprisonment;

1. The reasons for sentencing under Article 62(1) of the Criminal Act is that the means of access leased by the defendant for the reasons for sentencing under Article 62(1) of the Criminal Act was used for the crime of Bophishing fraud, favorable circumstances, such as the defendant's use of the means of access to the crime of Bophishing fraud, the defendant's use of the means of access against the defendant's mistake, and other conditions

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